Marry Sheeba E.I vs The Director Of Health Services on 9 June, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 16976 of 2008(U)


1. MARRY SHEEBA E.I, STAFF NURSE, NEW
                      ...  Petitioner

                        Vs



1. THE DIRECTOR OF HEALTH SERVICES,
                       ...       Respondent

2. THE DISTRICT MEDICAL OFFICER, KOLLAM.

3. STATE OF KERALA-REPRESENTED BY SECRETARY

                For Petitioner  :SRI.K.MOHANAKANNAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.GIRI

 Dated :09/06/2008

 O R D E R
                          V.GIRI, J.
          -------------------------
                 W.P.(C).No.16976 of 2008 U
          -------------------------
             Dated this the 9th day of June, 2008.


                        JUDGMENT

The petitioner is a Staff Nurse, presently working

in the New Medical College Hospital, Kozhikode. She is

the mother of two children (twins) aged 2 years. She has

requested for a transfer to Kollam District, essentially to

look after the children. Her claim was earlier directed to

be considered under Ext.P2 judgment. Later, taking note

of the fact that relaxation of the 5 year rule is necessary in

the case of the petitioner, under Ext.P8 judgment, the

Government was directed to take a decision. Government

rejected it under Ext.P9.

2. The petitioner points out that, as on date, the

relaxation of the 5 year rule is not necessary in the case of

the petitioner as she has already completed 5 years of

service in Kozhikode District on 7.5.2008. Therefore, her

request for a posting in Kollam District can be considered

by the Director, it is contended. Ext.P11 request is

pending before the Director. With reference to Ext.P12, it

W.P.(C).NO.16976/08

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is pointed out that there are another four vacancies of

Staff Nurse in Kollam District.

Having heard learned counsel for the petitioner

and the learned Government Pleader, the writ petition is

disposed of directing the 1st respondent to consider the

petitioner’s request contained in Ext.P11 within a period

of six weeks from the date of receipt of a copy of this

judgment. One among the vacancies of Staff Nurse

stated to be there in Kollam District may not be finally

filled up, till a decision is taken by the Director, as

aforementioned.

Sd/-

(V.GIRI)
JUDGE
sk/

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P.S. To Judge