IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 31ST OCTOBER 2008 / 9TH KARTHIKA 1930 WP(C).No. 7142 of 2008(A) --------------------------------- PETITIONER : ---------------- SOSAMMA THOMAS, SENIOR GRADE DIETICIAN MEDICAL COLLEGE HOSPITAL, KOZHIKODE. BY ADV. SRI.C.S.ABDUL SAMMAD SRI.V.D.BALAKRISHNA KARTHA RESPONDENTS : ------------------- 1. STATE OF KERALA - REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF HEALTH SERVICES, TRIVANDRUM. 3. ROSAMMA GEORGE, SENIOR GRADE DIETICIAN, GENERAL HOSPITAL, ERNAKULAM. ADV. SRI.H.B.SHENOY FOR R3 SRI.B.ASHOK SHENOY FOR R3 SMT.LAKSHMI B.SHENOY FOR R3 SRI.ABU MATHEW FOR R3 SRI.THOMAS P.MAKIL FOR R3 SRI.SOBHAN GEORGE FOR R3 GOVERNMENT PLEADER SRI.P.NANDAKUMAR R1-2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING : WP(C).No. 7142 of 2008(A) APPENDIX PETITIONER'S EXHIBITS : EXT.P1: TRUE COPY OF THE DISABILITY CERTIFICATE NO.KL EKM MR 2520 EXT.P2: TRUE COPY OF THE MEDICAL CERTIFICATE RE-EXAMINED BY THE MEDICAL BOARD ON 19.10.2007 EXT.P3: TRUE COPY OF THE REPRESENTATION DATED 26.09.2006 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT EXT.P4: TRUE COPY OF THE LETTER NO.A1-7254/06 DATED 16.10.2006 EXT.P5: TRUE COPY OF THE ORDER G.O.(P) 33/93/P&ARD DATED 18.06.1993 EXT.P6: TRUE COPY OF THE ORDER NO.EE3-35127/07/DHS DATED 30.07.2007 EXT.P7: TRUE COPY OF THE JUDGMENT DATED 05.12.2007 IN W.P.(C) NO.25179/2007 OF THIS HONOURABLE COURT EXT.P8: TRUE COPY OF THE G.O.(RT.) NO.278/2008/H&FWD DATED 23.01.2008 -TRUE COPY- P.A. TO JUDGE pac P.N.RAVINDRAN, J ----------------------------- W.P.(C) NO:7142 of 2008 ----------------------------- Dated this 31st day of October, 2008 J U D G M E N T The petitioner is presently working as Senior Grade Dietician in the Medical College Hospital at Kozhikod. She had moved the authorities for a transfer and posting to Ernakulam where she was formerly working, on the ground that she has a mentally retarded daughter who was undergoing treatment at Ernakulam. That request was turned down by the Government by Ext.P8 order passed on 23-1- 2008. In this writ petition the petitioner challenges Ext.P8 and prays for a direction to the respondents to post her at Ernakulam. 2. The second respondent has filed a statement pointing out that there are only six posts of Senior Grade Dieticians out of which four posts are attached to the Head Quarters namely the Directorate of Health Services and the remaining two are at the General Hospital, Ernakulam where the third respondent is working and at the Medical College Hospital where the petitioner is working. 3. Sri.C.S.Abdul Sammad, the learned counsel appearing for the petitioner submits that the petitioner’s daughter is no more. However, the learned counsel submits that the petitioner may be given a posting at Ernakulam on working arrangement basis without disturbing the third respondent. The Director of Health Services may be directed to sympathetically consider her request and pass order thereon, it is submitted. W.P.(C) NO:7142 of 2008 2 4. Since the ground on which the petitioner sought transfer and posting to Ernakulam no longer subsists, the petitioner cannot successfully challenge Ext.P8. However, the fact remains that the petitioner lost her daughter for whose benefit she had sought a transfer at Ernakulam. The petitioner has submitted a representation dated 19-8-2008 to the Director of Health Services requesting for a posting at Ernakulam on working arrangement basis. Having regard to the situation in which the petitioner is placed, I dispose of the writ petition with a direction to the Director of Health Services to sympathetically consider the request made by the petitioner in her representation dated 19-8-2008 if the same has been received by him, and pass orders thereon within one month from the date of receipt of a copy of this judgment. It is clarified that the fourth respondent need not be disturbed to accommodate the petitioner, till she is due for transfer as per the guidelines presently in force. P.N.RAVINDRAN, JUDGE