IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 28TH JUNE 2010 / 7TH ASHADHA 1932 WP(C).No. 19531 of 2010(N) -------------------------- PETITIONER(S): --------------- DR.ANASUYA C.S., AGED 32 YEARS, W/O.DR.BHAVAN SANKAR, ASST.SURGEON, PRIMARY HEALTH CENTRE, KUZHUR, THRISSUR, RESIDING AT "PULICKAL HOUSE", PALACE ROAD, CHALAKUDY, THRISSUR DISTRICT. BY ADV. SRI.M.A.SHAFIK RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, HEALTH & FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF HEALTH SERVICES, TRIVANDRUM. 3. DR.KHAIRUNISSA A., CONSULTANT (OBSTETRCIS & GYNAECOLOGY) TALUK HEAD QUARTERS HOSPITAL, CHERTHALA. GP SRI.P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J ....................... W.P.(C).19531/2010 ....................... Dated this the 28th day of June, 2010 JUDGMENT Petitioner is a Consultant in the Specialty Cadre of Gynecology. She is presently working in the Primary Health Centre at Kuzhur near Chalakkudy. By Ext.P1, she is under orders of transfer to North Paravur. Petitioner's case is that she had exercised option for posting at Chalakkudy, Trichur and Aluva. It is stated that although at Chalakkudy and Trichur, seniors to her have been posted, insofar as Aluva is concerned, 3rd respondent is posted. According to the petitioner, while she is at Sl.No.87 with 36 Points in Ext.P6 seniority list, 3rd respondent is only at Sl.No.114 and that too with only 28 points. It is therefore contended that she ought to have been preferred to the 3rd respondent for posting at Aluva. 2. However, the learned Government Pleader, points out that the 3rd respondent who is now posted at Aluva wanted to be posted at Chalakkudy and that urging this claim she had filed a writ petition before this Court as W.P.(C).17798/2010. It is submitted that this Court disposed of the writ petition by judgment dated 8.6.2010 W.P.(C).19531/10 2 directing that a representation which was made by her before the Government be considered. The learned Government Pleader therefore requests that this case also may be ordered to be considered by the Government along with the case of the 3rd respondent so that the possibility of contradictory orders could be avoided. 3. I heard the learned counsel for the petitioner also. Having regard to the directions already issued by this Court in the writ petition filed by the 3rd respondent, I feel that the petitioner's case should also be considered by the Government along with the case of the 3rd respondent, having due regard to the claim of the petitioner and going by the seniority position as reflected in Ext.P6, petitioner is much senior to the 3rd respondent. Therefore, the writ petition is disposed of with the following directions. 4. Petitioner shall file a comprehensive representation before the 1st respondent, urging her claim for a posting at Aluva where the 3rd respondent is now ordered to be posted. It is directed that if such a representation is made within two weeks from today, W.P.(C).19531/10 3 while dealing with the claim of the 3rd respondent pursuant to the directions of this Court in the judgment in W.P.(C).17798/2010, representation of the petitioner shall also be duly considered giving due regard to the seniority position of the parties. 5. In the meantime, it is directed that the post at Aluva, where the 3rd respondent is now posted, shall not be filled up otherwise than on an ad hoc basis. 6. Until orders are passed as above, petitioner who is now working at the Primary Health Centre, Kuzhur, shall be permitted to continue on that basis. Petitioner to produce a copy of this judgment along with the copy of this writ petition before the 2nd respondent for compliance. ANTONY DOMINIC, Judge mrcs