Disposed

Elizabeth Gladis M.J. v. the State of Kerala & Another

Kerala HC24 Jan 2008WP(C)/1140/2008

Case brief

AI extract

What is this about?

Petitioner, a Nursing Superintendent, filed a writ petition seeking transfer to Eranakulam District, alleging preferential treatment of juniors and hurdles due to family reasons. The Court directed the Director of Health Services to consider representations, prioritize the petitioner alongside other eligible applicants, and decide promptly before the vacancy is filled, provided the post remains un

What did the court decide?

Directed the first respondent to consider representations and take a decision on transfer of the petitioner to Eranakulam District, prioritizing eligible applicants before the vacancy is filled.

Elizabeth Gladis M.J. Vs the State of Kerala & Another — Service and Employment | Kerala HC (2008)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE V.GIRI

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THURSDAY, THE 24TH JANUARY 2008 / 4TH MAGHA 1929

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WP(C).No. 1140 of 2008(I)

PETITIONER:

ELIZABETH GLADIS M.J., NURSING SUPERINTENDENT, GR.I. GENERAL HOSPITAL, THIRUVANANTHAPURAM.

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BY ADV. SRI.M.V.BOSE SRI.VINOD MADHAVAN SMT.NISHA BOSE

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RESPONDENTS:

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THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

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THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM.

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BY GOVERNMENT PLEADER SRI. BEJOY CHANDRAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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V.GIRI, J

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W.P.(C).1140/2008

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Dated this the 24^th day of January, 2008

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JUDGMENT

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Petitioner is at present working as Nursing Superintendent Grade-I in General Hospital, Thiruvananthapuram. She was promoted to the said post under Ext.P1 order dated 31.8.2007. Prior to her promotion thereunder, she was working as Nursing Superintendent Grade-II and was posted in the Taluk Hospital, Thripunithura. According to the petitioner, she had sought for a posting in Eranakulam District and made repeated requests in this regard to the DHS. She submits that the persons juniors to her had also sought for a posting in Eranakulam District and were given such posting accepting their request and ignoring the request made by the petitioner.

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Petitioner further contends that she had worked in Thiruvananthapuram earlier for 5 ½ years from 28.3.1978 to 17.7.1983. Posting at Thiruvananthapuram visits her with some difficulties. Her husband is an ex-serviceman

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W.P.(C).1140/2008

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who was disabled and discharged on account of such disability. Petitioner refers to Ext.P2 in this regard. She has two more years to retire. She submits that as per the guidelines governing transfer, she is entitled to get a posting in Eranakulam District.

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I.A.1230/2008 has been filed producing therewith Exts.P7 to P9 representations made before the DHS pointing out these aspects. Learned counsel for the petitioner submits that copies of Exts.P7 to P9 have been submitted before the Government as well. It is also submitted that there is an open vacancy presently available at Eranakulam, it having arisen on 31.12.2007. Learned Government Pleader, on instructions, submits that it has not been filled up so far.

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After having gone through the writ petition as also I.A.1230/2008 and having heard the learned counsel for the petitioner and the learned Government Pleader, writ petition is disposed of directing the first respondent

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W.P.(C).1140/2008

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to consider Exts.P6 to P9 and take a decision thereon in accordance with law. Petitioner's application may be considered along with the applications of other eligible applicants sought for a posting in Eranakulam District. Decision in this regard may be taken as early as possible at any rate before the existing open vacancy in Eranakulam District in the post of Nursing Superintendent Grade-I is filled up. It is made clear that this direction will be operative only if the said post is remaining unfilled as on the date of receipt of a copy of this judgment by the first respondent.

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V.GIRI, Judge

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mrcs

Elizabeth Gladis M.J. v. the State of Kerala & Another

Case brief

What is this about?

What did the court decide?

Elizabeth Gladis M.J. v. the State of Kerala & Another

Case brief

What is this about?

What did the court decide?

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