IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 4219 of 2009(B)
1. DR.SUCHETHA, ASST.SURGEON(ON LEAVE),
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY THE
... Respondent
2. THE DISTRICT MEDICAL OFFICER(HEALTH),
3. THE DIRECTOR OF HEALTH SERVICES,
For Petitioner :SRI.T.K.AJITH KUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :06/03/2009
O R D E R
T.R.RAMACHANDRAN NAIR,J.
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W.P ( C) No.4219 of 2009
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Dated this the 6th March,2009
J U D G M E N T
The main relief sought for in the writ petition is one
relating to the order passed by the 2nd respondent
rejecting the application for Leave Without Allowances
submitted by the petitioner. Petitioner is a specialist in
Gynaecology working as Assistant Surgeon at Public
Health Centre in Mandakada since 19.7.2007. She
entered service on 11.9.1997. She is a residing at
Manjery with her husband, mother and two minor
children. Her husband is a practising Lawyer at Manjeri.
The District Hospital, Manjeri is only at a distance of one
kilo metre away from the petitioner’s residence. As she
was finding it inconvenient for attending the duties at
Mankada, she was submitting various applications
seeking for transfer to the the District Hospital, Manjeri.
This is evidenced by Exhibits P1 and P2. Since there was
no response to the representations, she filed an
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application for Leave Without Allowances for two year
period from 11.12.2008, as per Exhibit-P3 especially since
her mother aged 81 was laid up. That was rejected by
Exhibit-P4. It is submitted that the petitioner has rejoined
duty at Mankada.
Learned counsel for the petitioner submitted that
subsequently she came to understand that there is a
vacancy in the District Hospital, Manjeri and accordingly,
the petitioner has already filed a representation on
22.1.2009 to the Director of Health Services through the
District Medical Officer and the same has already been
forwarded by the District Medical Officer as per Covering
letter dated 22.1.2009 itself. If a transfer is ordered
accordingly, the petitioner will be benefitted. It is therefore
prayed that the authorities may be directed to favourably
consider her request before filling up the vacancy. Learned
counsel for the petitioner also submitted that the petitioner
may be allowed to move the District Medical Officer for
granting appropriate leave for the period she could not
attend duties at Mankada. If such an application is
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submitted, the 2nd respondent will consider the same and
take appropriate action as enjoined by the Rules in the
matter.
In that view of the matter, the Director of Health
Services will consider the request of the petitioner dated
22.1.2009 for a transfer and posting to District Hospital,
Manjeri in accordance with the guidelines. Appropriate
action will be taken in the matter and orders will be
communicated to the petitioner within a period of three
weeks from the date of receipt of a copy of this judgment.
The writ petition is disposed of as above.
(T.R.RAMACHANDRAN NAIR,
JUDGE)
ma
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