High Court Kerala High Court

Bindu.J vs State Of Kerala on 9 July, 2008

Kerala High Court
Bindu.J vs State Of Kerala on 9 July, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 20696 of 2008(L)


1. BINDU.J.,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA
                       ...       Respondent

2. DIRECTOR OF HEALTH SERVICES

3. DISTRICT MEDICAL OFFICER

4. DISTRICT MEDICAL OFFICER

                For Petitioner  :SMT.S.KARTHIKA

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.GIRI

 Dated :09/07/2008

 O R D E R
                         V.GIRI, J
                       -------------------
                   W.P.(C).20696/2008
                       --------------------
            Dated this the 9th day of July, 2008

                       JUDGMENT

Petitioner is a Junior Public Health Nurse, currently

stationed in the Primary Health Centre, Kodancherry in

Kozhikode District. Her provisional appointment was in

the year 1992 and she commenced regular service in

Kozhikode with effect from 1995. Petitioner and husband

belong to Aleppy District. Her husband is a serving

soldier. Since the petitioner’s husband is the only son of

the aged parents, it is the responsibility of the petitioner

to look after the husband’s parents also. Petitioner has

three minor daughters, all of whom are studying in school

in Aleppy. She contends that she has been making

requests for transfer to Aleppy District since 2005. She

has made such requests on 5.3.2005, 25.2.2006, 28.2.2007

and 16.2.2008, the last among which is produced as

Ext.P1. Apparently, the request for the petitioner’s

transfer has been recommended by a Commanding Officer

of the Petitioner’s husband, as evidenced by Ext.P2

communication addressed to the Director of Health

W.P.(C).20696/2008
2

Service. Learned counsel for the petitioner refers to

Ext.P3 order of the Government which contemplates a

preference for the relatives of Jawans in obtaining a

place of posting of their choice. Ext.P4 reiterates the

said decision and makes it clear that the transferees

will not forfeit their seniority as such. It is further stated

that the seniority will not be insisted in the case of such

matters. Learned counsel for the petitioner also refers

to Ext.P5 and points out that notwithstanding the request

made by the petitioner, at least four persons have now

been posted in Aleppey on inter district transfer and all

four persons are junior to the petitioner, it is contended.

2. I heard learned counsel for the petitioner and

learned Government Pleader. I have perused the

averments in the writ petition as also Exts.P1 to P5.

3. Petitioner entered service in 1992 by way of

provisional service and commenced regular service in

1995. There is no reason why her request for a posting

W.P.(C).20696/2008
3

in Aleppey on inter district transfer, should not be

considered as a dependent of Jawan in terms of Exts.P3

and P4 Government Orders.

4. In the result, writ petition is disposed of directing

the second respondent to consider the petitioner’s

request for inter district transfer as contained in Ext.P1,

on merits, and orders shall be passed within a period of

two months from the date of receipt of a copy of this

judgment. It is made clear that Ext.P1 shall be

considered as a proper application in terms of the

Government Orders. At any rate, Ext.P2 shall also be

taken into account in that behalf. Petitioner shall

produce a copy of the writ petition also along with the

copy of the judgment.

V.GIRI,
Judge

mrcs