IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 20TH AUGUST 2009 / 29TH SRAVANA 1931 WP(C).No. 18578 of 2009(N) --------------------------------------- PETITIONER(S): ----------------------- 1. SHEELA K.EIPE, JUNIOR PUBLIC HEALTH NURSE GRADE I, C.H.C. BALUSSERY, KOZHIKODE DISTRICT. 2. ELSIE CHACKO, JUNIOR PUBLIC HEALTH NURSE GRADE I, P.H.C. KUTTIPPURAM, MALAPPURAM DISTRICT. 3. ANNAMMA P.U., JUNIOR PUBLIC HEALTH NURSE GRADE I, C.H.C. PAZHANJI, THRISSUR DISTRICT. 4. ALEY M.V., JUNIOR PUBLIC HEALTH NURSE GRADE I, C.H.C. MUKKOM, KOZHIKODE DISTRICT. 5. USHAKUMARY.G., JUNIOR PUBLIC HEALTH NURSE GRADE I, C.H.C. MUKKOM, KOZHIKODE DISTRICT. 6. A.V.SAJITHA, JUNIOR PUBLIC HEALTH NURSE GRADE I, P.H.C. KUTTIPURAM, MALAPPURAM DISTRICT. 7. BRIJEETHAMMA.T.V., JUNIOR PUBLIC HEALTH NURSE GRADE I, P.H.C. VALAYAM, KOZHIKODE DISTRICT. 8. OMANA AMMA.G., JUNIOR PUBLIC HEALTH NURSE GRADE I, P.H.C. ELEVALLY, THRISSUR DISTRICT. 9. SISU AMMA.V., JUNIOR PUBLIC HEALTH NURSE GRADE I, P.H.C. EDAPPAL, MALAPPURAM DISTRICT. W.P.(C) NO.18578/2009 10. LATHAKUMARI.V.G., JUNIOR PUBLIC HEALTH NURSE GRADE I, P.H.C. PARIYARAM, THRISSUR DISTRICT. 11. BEENA NANDINI.P.B., JUNIOR PUBLIC HEALTH NURSE GRADE I, P.H.C. KANNAMBRA, PALAKKAD DISTRICT. 12. GRACY ABRAHAM, JUNIOR PUBLIC HEALTH NURSE GRADE I, P.H.C. MATTATHOOR, THRISSUR DISTRICT. 13. LISSY VARGHESE, JUNIOR PUBLIC HEALTH NURSE GRADE I, P.H.C. ELANJIPRA, THRISSUR DISTRICT. 14. NIRMALA KUMARI.P.R., JUNIOR PUBLIC HEALTH NURSE GRADE I, P.H.C. KODAKARA, THRISSUR DISTRICT. 15. RAJIMOL.R., JUNIOR PUBLIC HEALTH NURSE GRADE I, P.H.C. ELANJIPRA, THRISSUR DISTRICT. 16. GEETHA.K.C., JUNIOR PUBLIC HEALTH NURSE GRADE I, P.H.C. KUMARAPURAM, ERNAKULAM DISTRICT. 17. SREEDEVI.K.N., JUNIOR PUBLIC HEALTH NURSE GRADE I, P.H.C. KANNADI, PALAKKAD DISTRICT. 18. ELIZHABETH.K.P., JUNIOR PUBLIC HEALTH NURSE GRADE I, P.H.C. MATTATHUR, THRISSUR DISTRICT. 19. THRESSIAMMA THOMAS, JUNIOR PUBLIC HEALTH NURSE GRADE I, P.H.C. CHERNELLOOR, ERNAKULAM DISTRICT. 20. LALITHA KUMARY.C.T., JUNIOR PUBLIC HEALTH NURSE GRADE I, P.H.C. PUTHUR, THRISSUR DISTRICT. 21. SHYLASREE.S., JUNIOR PUBLIC HEALTH NURSE GRADE I, P.H.C. MULLURKARA, THRISSUR DISTRICT. W.P.(C) NO.18578/2009 22. SHERLY.A., JUNIOR PUBLIC HEALTH NURSE GRADE I, P.H.C. MANALUR, THRISSUR DISTRICT. 23. V.LISA, JUNIOR PUBLIC HEALTH NURSE GRADE I, P.H.C. PARAPPUKKARA, THRISSUR DISTRICT. 24. TASS BEGUM.N., JUNIOR PUBLIC HEALTH NURSE GRADE I, P.H.C. KADAPPURAM, THRISSUR DISTRICT. 25. K.N.SHEELA, JUNIOR PUBLIC HEALTH NURSE GRADE I, P.H.C. KAKKAD, THRISSUR DISTRICT. 26. BIJI K.VARGHESE, JUNIOR PUBLIC HEALTH NURSE GRADE I, P.H.C. ELANJIPRA, THRISSUR DISTRICT. 27. LISSY.K.M., JUNIOR PUBLIC HEALTH NURSE GRADE I, P.H.C. ELANJIPRA, THRISSUR DISTRICT. 28. C.B.PADMAKUMARY, JUNIOR PUBLIC HEALTH NURSE GRADE I, P.H.C. PUNNAYUR, EDAKKAZHIYOOR P.O., THRISSUR DISTRICT. 29. MOLLY M.M., JUNIOR PUBLIC HEALTH NURSE GRADE I, P.H.C. PUNNAYUR, EDAKKAZHIYOOR P.O., THRISSUR DISTRICT. 30. K.P.PADMAKUMARY, JUNIOR PUBLIC HEALTH NURSE GRADE I, C.H.C. KODUVALLY, KOZHIKODE DISTRICT. 31. SHEELA.P.P., JUNIOR PUBLIC HEALTH NURSE GRADE I, P.H.C. KODAKARA, THRISSUR DISTRICT. BY ADVS.MR.M.A.THOMAS KUTTY SMT.ASHA CHERIAN W.P.(C) NO.18578/2009 RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, HEALTH & FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE ADDITIONAL DIRECTOR OF HEALTH SERVICES (FW), DIRECTORATE OF HEALTH SERVICES, THIRUVANANTHAPURAM. R1 & R2 BY SR. GOVERNMENT PLEADER MR.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss P.N.RAVINDRAN, J. ----------------------------- W.P(C) No.18578 of 2009-N ------------------------------ Dated this the 20th day of August, 2009. J U D G M E N T Heard Sri.Thomaskutty M.A, the learned counsel appearing for the petitioners and Sri.Antony Mukkath, the learned Government Pleader appearing for the respondents. 2. The petitioners are Grade I Junior Public Health Nurses working in various Primary Health Centres/Community Health Centres in Kozhikode, Malappuram, Thrissur, Palakkad and Ernakulam revenue districts. They belong to Kottayam, Ernakulam, Alappuzha, Pathanamthitta, Kozhikode and Ernakulam districts. The petitioners’ grievance is that though they have been repeatedly requesting the Director of Health Services to transfer them to their native districts, the said requests have not been considered. It is submitted that though the petitioners were included in Ext.P6 draft transfer order for the year 2009, when Ext.P7 order of transfer was passed, their names did not find place a therein. In this writ petition the petitioners seek a writ in the nature of mandamus commanding the respondents to transfer them to their native districts taking note of Ext.P3 Government order. 3. The second respondent has filed a statement pointing out that the petitioners were not found eligible for transfer and therefore, they were not transferred to their native districts. Shorn of details, the W.P(C) No.18578 of 2009-N 2 claim made by the petitioners is for transfer to their native district which is different from the district in which they were recruited. The petitioners rely on Ext.P3 Government order to contend that they can be transferred and posted against vacancies of Grade I Junior Public Health Nurse in districts other than the district where they were recruited. They also contend that subject to the availability of vacancies they are eligible to be transferred to their native districts. In my opinion, if the petitioners are aggrieved by Ext.P7 order the petitioners ought to have moved the Government. The Government have got the machinery to ascertain whether vacancies exist against which the petitioners can be accommodated. This Court exercising jurisdiction under Article 226 of the Constitution of India cannot undertake such an exercise. I accordingly dispose of this writ petition with the direction that in the event of the petitioners filing individual representations before the Secretary to Government, Health and Family Welfare Department, pointing out their grievances and setting out their claims and contentions, the Government shall consider the same and pass orders thereon expeditiously and in any event before the general transfer for the year 2010 is effected. The writ petition is disposed of as above. Sd/- P.N.RAVINDRAN JUDGE //True Copy// ab PA TO JUDGE