IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 28295 of 2008(R)
1. HASEEBA.P, STAFF NURSE,
... Petitioner
Vs
1. THE DIRECTOR OF INSURANCE MEDICAL
... Respondent
2. THE REGIONAL DEPUTY DIRECTOR,
For Petitioner :SRI.P.SREEKUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :29/09/2008
O R D E R
P.N.RAVINDRAN, J.
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W.P.(C) No.28295 of 2008
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Dated this the 29th September, 2008.
J U D G M E N T
The petitioner is presently working as Staff Nurse
Grade I in ESI Hospital at Feroke. She is a native of Kozhikode.
When she was promoted as Staff Nurse Grade I, she sought a
posting in the ESI Dispensaries at Chalappuram or at
Eranjippalam in Kozhikode District. However, by Ext.P2 order,
dated 10.12.2007, she was posted in ESI Dispensary at
Hajiyarpalli in Malappuram District. The petitioner had earlier
filed W.P.(C) No.6272 of 2008 which was disposed of by Ext.P6
judgment, dated 22.2.2008, with a direction to the first
respondent to consider the petitioner’s request for a posting
either at Chalappuram or Eranjippalam and take a decision
thereon. Pursuant to that, by Ext.P7 letter dated 20.5.2008,
the first respondent informed the petitioner that as vacancies of
Staff Nurse Grade I do not exist in ESI Dispensaries at
Chalappuram and Eranjippalam, her request for transfer to the
W.P.(C) No.28295/2008
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said dispensaries cannot be considered for the time being.
Later, by Ext.P8 order, petitioner was transferred and posted at
ESI Hospital, Feroke. Aggrieved by the said transfer, the
petitioner has preferred Ext.P9 representation pointing out that
vacancies of Staff Nurse Grade I exist in the ESI Dispensaries at
Chalappuram and Eranjippalam, and that she may be given a
posting in any one of the said dispensaries. The petitioner has, in
this writ petition, prayed for a direction to the first respondent to
transfer and post her as Staff Nurse Grade I, in any of the
aforesaid dispensaries.
2. I have heard Sri.P.Sreekumar, the learned
counsel appearing for the petitioner, and Smt.Anu Sivaraman,
the learned Government Pleader appearing for the respondents.
Whether petitioner can be accommodated at Chalappuram or
Eranjippalam, having regard to the exigencies of service, is
essentially a matter for the first respondent to decide. This
Court, in exercise of the jurisdiction under Article 226 of the
Constitution of India, cannot sit in appeal over the decision taken
by the first respondent, in the matter of transfer of employees.
W.P.(C) No.28295/2008
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In these circumstances, the relief sought for by the petitioner
cannot be granted.
However, having regard to the submissions made
at the Bar by the counsel on either side, I dispose of the writ
petition with a direction to the first respondent to consider the
request made by the petitioner in Ext.P9, and take a decision
thereon, as expeditiously as possible, and at any rate, within one
month from the date on which petitioner produces a certified
copy of this judgment.
P.N.RAVINDRAN,
JUDGE
nj.