IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 15921 of 2007(U)
1. V.M.ANIL KUMAR, NURSE (HIGHER GRADE),
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. THE DIRECTOR OF HOMOEOPATHY,
For Petitioner :SRI.K.RAMAKUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice K.BALAKRISHNAN NAIR
Dated :11/06/2007
O R D E R
K.BALAKRISHNAN NAIR, J.
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W.P.(C) No. 15921 of 2007-U
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Dated this the 11th day of June, 2007.
J U D G M E N T
The petitioner is a Nurse (Higher Grade), working in the
Homoeopathy Department. He was working at the Government
Homoeopathy Hospital Neyyattinkara. He was desirous of getting a
transfer to Ernakulam District and he has filed Ext.P3 representation
praying that he may be posted to one of the Homoeopathy Hospitals
at North Paravur, or Ernakulam or Muvattupuzha. But, instead of
posting to Ernakulam he has been transferred to Thiruvananthapuram,
by Ext.P4. So, this writ petition is filed challenging Ext.P4 and seeking
consequential reliefs. As directed by this Court, a statement has
been filed on behalf of the second respondent. The relevant portion of
the statement reads as follows:
” Though the petitioner requested for a
transfer to the above three places in the order
of preference he could not be given transfer to
these places as there was no existing
vacancies in these places at the time of
processing the general transfer. The petitioner
will be transferred and posted to the district of
his choice as and when vacancy arises, after
considering the various claims for those
vacancies.
The petitioner was transferred and
posted to Govt. Homoeo Hospital,
Thiruvananthapuram from Govt. Homoeo
Hospital, Neyyattinkara (Thiruvananthapuram
District) due to the following administrative
reasons.
Thiruvananthapuram Govt.
Homoeo Hospital is hundred
bedded and the total posts of
Nurse is seven including a Nursing
Superintendent. But the existing
Nurses are four in number while
on General Transfer-2007. Among
them one J.Chandrika, Nurse
below two years to retire has
requested to transfer to Govt.
Homoeo Hospital, Neyyattinkara,
her native place. So department
entertained her request.
In the above circumstances, the
petitioner was transferred and posted to Govt.
Homoeo Hospital, Thiruvananthapuram. The
department felt it necessary to effect this
transfer for the smooth functioning of the
hospital.”
Recording the submission of the second respondent that the
petitioner’s claim for being posted to Ernakulam will be considered as
and when vacancy arises, is recorded and the Writ Petition is disposed
of.
K.BALAKRISHNAN NAIR,
JUDGE.
MS