IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 33774 of 2009(N)
1. DR. SUNI JOSEPH,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. THE DIRECTOR OF HEALTH SERVICES,
3. THE DISTRICT MEDICAL OFFICER,
For Petitioner :SRI.C.P.CHANDRASEKHARAN (CALICUT)
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :30/11/2009
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO.33774 OF 2009 (N)
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Dated this the 30th day of November, 2009
J U D G M E N T
Petitioner is an Assistant Surgeon in the Health Service
Department. On 7.6.2006 she was posted as Assistant Surgeon at
the Community Health Centre, Panathady in Kasaragode District.
According to the petitioner, the DMO and also some of the local
politicians have conspired against her and have succeeded in
getting her transferred to Kolacherry in Kannur District by
Ext.P14 order. It is stated that this order has been issued despite
the fact that by Ext.P10 the patients of the Community Health
Center, where the petitioner is working, themselves have
represented to the Minister for Health and Social Welfare for her
retention in the present station. It is stated that the order of
transfer has been issued while Ext.P10 was pending
consideration of the 2nd respondent. It is in the aforesaid
circumstances this writ petition is filed challenging Ext.P14.
Further, petitioner also says that she has made Ext.P15 to the Ist
respondent praying for her retention in Panathady.
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2. As already stated, the case of the petitioner is that while
Ext.P10 representation made by the patients of the Hospital is
pending consideration of the 2nd respondent, she has been
transferred by Ext.P14. Having regard to the allegation of the
petitioner and also taking note of the pendency of Ext.P15 and
her submission that she has not been relieved so far, the writ
petition is disposed of with the following directions.
3. The first respondent shall consider Ext.P15 representation
of the petitioner requesting to retain her in the present station.
This shall be done as expeditiously as possible and at any rate
within 6 weeks from the date of production of a copy of the
judgment. In the meantime further proceedings pursuant to
Ext.P14 transferring the petitioner shall be kept in abeyance ,
provided the petitioner has not been relieved till date.
Petitioner may produce a copy of this judgment along with a
copy of the writ petition and and a copy of I.A.No.14914/09
before the first respondent for compliance.
(ANTONY DOMINIC)
JUDGE
vi/
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