IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 9TH JULY 2010 / 18TH ASHADHA 1932 WP(C).No. 20940 of 2010(N) -------------------------- PETITIONER(S): ---------------------- DR.SHEREEFA, W/O.KHADER MUNEER, AGED 42 YEARS, HOUSE NO.1352/A, EAST DEVAGIRI, POST MEDICAL COLLEGE, KOZHIKODE. BY ADV. SRI.VINOD SINGH CHERIYAN SRI.R.SUDHISH SMT.M.MANJU SRI.K.R.RANJITH RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF HEALTH, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF HEALTH AND FAMILY WELFARE DEPARTMENT, THIRUVANANTHAPURAM. 1 3. SUPERINTENDENT, GOVERNMENT HOSPITAL, KOZHIKODE - 673 032. 4. DR.BALA MURALEE KRISHNAN K.S., JUNIOR MEDICAL CONSULTANT IN RADIO THERAPY, GOVERNMENT HOSPITAL, THALASSERY, KANNUR DISTRICT. GOVT.PLEADER SRI.ARAVINDKUMAR BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 20940 OF 2010 (N) ===================== Dated this the 9th day of July, 2010 J U D G M E N T Petitioner is a Radiologist working in the Government Hospital, Kozhikode. By Ext.P1 order, she has been transferred and posted to Thalassery and the 4th respondent has been posted in her place at Kozhikode. According to the petitioner, posting of the 4th respondent is overlooking the option exercised by the petitioner. It is also her case that 4th respondent is a Radiotherapist and that in the Government Hospital, Kozhikode, there is no facility for a Radiotherapist. Therefore, the posting of the 4th respondent is illegal, submits the petitioner. 2. Learned Government Pleader has obtained instructions in the matter. According to the learned Government Pleader, personnel belonging to the subjects of Radiology and Radiotherapy are classified together under the same specialty cadre. It is contended that in the seniority list, 4th respondent is at Sl.No.11 and the petitioner is at Sl.No.15, and therefore, the 4th respondent is senior. It is also stated that both the petitioner and the 4th respondent had opted for posting at Government Hospital, WPC No. 20940/10 :2 : Kozhikode and it was therefore that the 4th respondent, being senior to petitioner, was posted. 3. From the submissions thus made by the learned Government Pleader, it is evident that the 4th respondent is senior to the petitioner and the 4th respondent had also opted for posting at Government Hospital, Kozhikode. According to the respondents, both the petitioner and the 4th respondent belong to the same specialty cadre. In the background of such facts, this Court cannot find anything illegal in the posting of the 4th respondent. 4. Be that as it may, having regard to the case of the petitioner that since the 4th respondent is a Radiotherapist and that there is no facility in the Hospital at Kozhikode for a Radiotherapist, taking note of the pendency of Ext.P2 representation made by the petitioner, 2nd respondent is directed to consider the same and pass orders thereon. It is made clear that if any order prejudicial to the interest of the 4th respondent is to be passed, the same shall be done only with notice and opportunity to the 4th respondent . Orders shall be passed as expeditiously as possible. WPC No. 20940/10 :3 : 5. Petitioner shall produce a copy of this judgment before the 2nd respondent for compliance. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp