IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 29643 of 2008(D)
1. DR.NADIA JAFER, NEETHU MAHAL,MOLOTH ROAD
... Petitioner
Vs
1. STATE OF KERALA,REPRESENTED BY THE
... Respondent
2. THE DIRECTOR OF MEDICAL EDUCAITON,
3. THE STATE MISSION DIRECTOR
4. THE PRINCIPAL, T.D.MEDICAL COLLEGE,
For Petitioner :SRI.ELVIN PETER P.J.
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :31/10/2008
O R D E R
ANTONY DOMINIC, J.
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No. 29643 OF 2008 D
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Dated this the 31st day of October 2008
J U D G M E N T
The petitioner who is presently working as a senior resident in
the T.D. Medical College, Alappuzha, wanted a posting near to her
place of residence at Kochi. Accordingly, on a request made by the
petitioner Ext. P6 order was issued by the 3rd respondent,
transferring her to Ernakulam District and posting her at the Taluk
Headquarters Hospital, North Parur for a period of 2 years. Despite
Ext. P6 she was not relieved by the Principal of the Medical College
and with that grievance the writ petition was filed.
2. The learned Govt. Pleader has entered appearance.
According to the learned Govt. Pleader, the transfer effected by the
3rd respondent was incompetent in view of the Govt. Order dated
26.2.2008. It is also stated that in view of the acute shortage of
Doctors in the Department of Anaesthesiology in the T.D. Medical
College, Alleppey, the Director of Medical Education by his
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communication dated 10.10.2008 requested the 3rd respondent for
cancellation of Ext. P6. Accordingly, the 3rd respondent has issued
order dated 28.10.2008 the relevant portion of which reads as
follows:
“Since then the Director of Medical Education has
strongly represented to the State Mission Director,
National Rural Health Mission toas retain her at Medical
College,
Anaesthesiologists.is Consideringacutetheshortage the
Alappuzha itself Dept. of
Anaesthesiology facing of
the gravity of
situation at Medical College Alappuzha the earlier order
No. NRHM/Ad,mn1/3082/08/SPMSU dated 26.9.2008
will be effectuated and she will be relieved from Medical
College, Alappuzha only when a substitute is posted
and joined.”
3. In view of the order dated 28.10.2008 issued by the 3rd
respondent as above, this Court will not be justified in directing
that the petitioner be relieved at this stage. However, it is directed
that as and when a substitute is posted in her place and the
substitute joining the post the direction in the order dated
28.10.2008 that the petitioner will be relieved in pursuance to Ext.
P6, shall be implemented.
4. Petitioner secured Post Graduate admission by furnishing a
bond, undertaking to serve the Government after her course. It is
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in pursuance to the said obligation, that she is posted at the
Medical College. She has a case that the bond is liable to be
quashed as it violates her fundamental rights. She is also pleading
for equal pay as against the consolidated pay that is now being
given. However, the Government have issued order dated
7.10.2008, revising the terms of Doctors like the petitioner and
since the learned Addl. D.G.P. submitted that the benefit of the
order will be available to the petitioner for the period from
7.10.2008, the aforesaid contentions no longer have any relevance.
Writ petition is disposed of as above.
ANTONY DOMINIC
JUDGE
jan/-