High Court Kerala High Court

Sobha Issac vs The State Of Kerala Represented By … on 25 May, 2010

Kerala High Court
Sobha Issac vs The State Of Kerala Represented By … on 25 May, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 13252 of 2010(F)


1. SOBHA ISSAC, W/O.V.C.ABRAHAM, AGED 35
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA REPRESENTED BY ITS
                       ...       Respondent

2. THE DIRECTOR OF HEALTH SERVICES

3. THE DIRECTOR OF MEDICAL EDUCATION,

                For Petitioner  :SRI.V.A.MUHAMMED

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :25/05/2010

 O R D E R
                      ANTONY DOMINIC, J.
                    ================
                W.P.(C) NO. 13252 OF 2010 (F)
                =====================

             Dated this the 25th day of May, 2010

                          J U D G M E N T

Petitioner is a Staff Nurse of the Health Services Department

under the DHS. On abolition of Dual Control System, when options

were invited, petitioner did not opt to come over to Medical

Education Department. She apprehends that inspite of the fact

that she did not opt for DME, she is likely to be transferred

retaining his juniors under the DHS. Notification providing for

options itself provide that if the employees opted are more than

the required number, seniors among the optees will be

transferred and that if the number opted is less than the required

strength, the juniors will be transferred compulsorily. Therefore,

as at present, I have no reason to think that the petitioner being

the senior will be transferred retaining her juniors in violation of

the provisions of the notification providing for options and

transfers.

Therefore, the writ petition is premature and is purely

apprehensive and is closed without prejudice to the right of the

WPC No. 13252/10
:2 :

petitioner to approach this Court, if and when any adverse order

is passed.

ANTONY DOMINIC, JUDGE
Rp