IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 10911 of 2009(H)
1. K.P.VALLY, W/O.LATE KUMARAN,
... Petitioner
Vs
1. THE STATE OF KERALA,REPRESENTED BY THE
... Respondent
2. THE DIRECTOR OF HEALTH SERVICES,
For Petitioner :SRI.C.S.MANILAL
For Respondent : No Appearance
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :02/04/2009
O R D E R
T.R.RAMACHANDRAN NAIR, J.
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W.P(C).No.10911 of 2009
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Dated this the 2nd April, 2009
JUDGMENT
The petitioner is presently working as Nursing
Superintendent Grade-I, Medical College, Kottayam. She is a
native of Palakkad and belongs to Hindu-Cheruman, a
Scheduled Caste. The petitioner’s husband died on 31.10.2008
due to cancer leaving a large family including four children,
who are pursuing their studies. One post of Nursing
Superintendent Grade-I became vacant in the Taluk Head
Quarters Hospital, Ottappalam on 30.11.2008. Seeking for
appropriate accommodation in the said vacancy, as the
petitioner is to retire on 31.8.2009, she filed Exhibit P4
request which was forwarded to the Government by the
second respondent with Exhibit P5 recommendation. But, to
her surprise, an order has been passed by the Government as
per Exhibit P6 by way of general transfer granting benefit to
various persons, but the case of the petitioner has not been
considered. It is pointed out that even though order of transfer
was passed as per General Order of transfer dated 2.3.2009,
the same has not been implemented so far, in view of the
WP(C).10911/09 2
election to the Lok Sabha and especially, in the light of the
direction contained in Exhibit P7.
2. The petitioner thereafter filed a fresh representation
before the Government as per Exhibit P8. Learned counsel for
petitioner submits that the situations in the family requires her
presence, there especially since her husband expired on
31.10.2008. It is also submitted that she is due to retire from
service on 31.8.2009 and being a member of the Scheduled
Caste community, she is entitled to have a positing in a station
of her choice. It is also pointed out that the children are only
studying and her aged mother is with her. Learned counsel for
the petitioner also submits that the petitioner’s claim for
transfer may be directed to be considered for giving her a
suitable posting, either in Palakkad or at Thrissur, so that she
could be near to her permanent place of residence.
3. Therefore, there will be a direction to consider and
pass orders on Exhibit P8 within a period of six 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
vgs.