IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 1140 of 2008(I)
1. ELIZABETH GLADIS M.J.,
... Petitioner
Vs
1. THE STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE DIRECTOR OF HEALTH SERVICES,
For Petitioner :SRI.M.V.BOSE
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice V.GIRI
Dated :24/01/2008
O R D E R
V.GIRI, J
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W.P.(C).1140/2008
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Dated this the 24th day of January, 2008
JUDGMENT
Petitioner is at present working as Nursing
Superintendent Grade-I in General Hospital,
Thiruvananthapuram. She was promoted to the said post
under Ext.P1 order dated 31.8.2007. Prior to her
promotion thereunder, she was working as Nursing
Superintendent Grade-II and was posted in the Taluk
Hospital, Thripunithura. According to the petitioner, she
had sought for a posting in Eranakulam District and made
repeated requests in this regard to the DHS. She submits
that the persons juniors to her had also sought for a
posting in Eranakulam District and were given such
posting accepting their request and ignoring the request
made by the petitioner.
2. Petitioner further contends that she had worked in
Thiruvananthapuram earlier for 5 = years from 28.3.1978
to 17.7.1983. Posting at Thiruvananthapuram visits her
with some difficulties. Her husband is an ex-serviceman
W.P.(C).1140/2008
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who was disabled and discharged on account of such
disability. Petitioner refers to Ext.P2 in this regard. She
has two more years to retire. She submits that as per
the guidelines governing transfer, she is entitled to get
a posting in Eranakulam District.
3. I.A.1230/2008 has been filed producing therewith
Exts.P7 to P9 representations made before the DHS
pointing out these aspects. Learned counsel for the
petitioner submits that copies of Exts.P7 to P9 have been
submitted before the Government as well. It is also
submitted that there is an open vacancy presently
available at Eranakulam, it having arisen on 31.12.2007.
Learned Government Pleader, on instructions, submits
that it has not been filled up so far.
4. After having gone through the writ petition as also
I.A.1230/2008 and having heard the learned counsel for
the petitioner and the learned Government Pleader,
writ petition is disposed of directing the first respondent
W.P.(C).1140/2008
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to consider Exts.P6 to P9 and take a decision thereon in
accordance with law. Petitioner’s application may be
considered along with the applications of other eligible
applicants sought for a posting in Eranakulam District.
Decision in this regard may be taken as early as possible
at any rate before the existing open vacancy in
Eranakulam District in the post of Nursing
Superintendent Grade-I is filled up. It is made clear that
this direction will be operative only if the said post is
remaining unfilled as on the date of receipt of a copy of
this judgment by the first respondent.
V.GIRI,
Judge
mrcs