IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 12TH JUNE 2009 / 22ND JYAISHTA 1931 WP(C).No. 15930 of 2009(I) --------------------------------------- PETITIONER(S): ------------------------ 1. SOSAMMA THOMAS, HEAD NURSE, DISTRICT HOSPITAL, KANHANGAD. 2. ALEY.K.A., HEAD NURSE, DISTRICT HOSPITAL, KANHANGAD. 3. P.JANAKI, HEAD NURSE, DISTRICT HOSPITAL, KANHANGAD. BY ADVS. MR.P.M.PAREETH, MR.MOHAMMED SHAMEEL. RESPONDENT(S): --------------------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 3. DISTRICT MEDICAL OFFICER OF HEALTH, KANHANGAD, KASARAGOD DISTRICT. 4. VARIJA.K., HEAD NURSE, GENERAL HOSPITAL, KASARAGOD. 5. ARIFA.P.S., HEAD NURSE, GENERAL HOSPITAL, KASARAGOD. 6. LOVELY THOMAS, HEAD NURSE, GENERAL HOSPITAL, KASARAGOD. BY SR. GOVERNMENT PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.RAVINDRAN, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C) No. 15930 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 12th day of June, 2009 JUDGMENT Heard Sri. P. M. Pareeth, the learned counsel appearing for the petitioners and Smt. Anu Sivaraman, the learned Senior Government Pleader appearing for respondents 1 to 3. In the nature of the order that I propose to pass, it is not necessary to issue notice to and hear respondents 4 to 6. 2. The petitioners are Head Nurses working in District Hospital, Kanhangad. They have filed this writ petition aggrieved by Ext.P1 order of transfer passed by the District Medical Officer, Kanhangad. Respondents 4 to 6 are the substitutes appointed in the place of the petitioners. The petitioners contend that no one among the 11 persons transferred as per Ext.P1 have requested for transfer and that merely for the reason that they have completed three years in their respective stations, the District Medical Officer cannot transfer them unless another employee has W.P.(C) No. 15930/09 2 sought a transfer to the station where the petitioners and respondents 4 to 6 are presently working. The petitioners also contend that the District Medical Officer, Kanhangad is not competent to transfer them. It is stated that till date the petitioners have not been relieved from District Hospital, Kanhangad. 3. In my opinion, if the petitioners are aggrieved by Ext.P1 order of transfer passed by the District Medical Officer, Kanhangad, their remedy is to move the Government seeking cancellation of the order of transfer. I accordingly dispose of this writ petition with the direction that in the event of the petitioners filing a representation before the Secretary to Government, Health and Family Welfare Department, within one week from today pointing out their grievances, the Government shall consider the same and pass orders within one month thereafter, after notice to and affording the petitioners and respondents 4 to 6 a reasonable opportunity of being heard. Till such time, the petitioners shall be permitted to work in District W.P.(C) No. 15930/09 3 Hospital, Kanhangad, if as on today respondents 4 to 6 have not taken charge at Kanhangad. The writ petition is disposed of as above. The Registry is directed to issue certified copies of this judgment to the learned counsel appearing for the petitioners and the learned Government Pleader today itself, if applied for. P.N.RAVINDRAN, JUDGE. mn.