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
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W.P.(C).20696/2008
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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
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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