Disposed

Sini Thomas v. State of Kerala and Others

Kerala HC15 Jan 2008WP(C)/1702/2008

Case brief

AI extract

What is this about?

The Court disposed of a writ petition filed by a pregnant staff nurse aggrieved by a transfer order. The Court directed the Director to reconsider the transfer considering her medical certificate and advanced stage of pregnancy, permitting her to remain at the original posting until a decision is taken.

What did the court decide?

Directed the 2nd respondent to consider the representation taking note of the medical certificate, and permitted the petitioner to remain at the original posting.

Sini Thomas Vs State of Kerala and Others — Medical Negligence | 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 TUESDAY, THE 15TH JANUARY 2008 / 25TH POUSHA 1929 WP(C).No. 1702 of 2008(C) ----------------------------------------

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PETITIONER: ---------------------

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SINI THOMAS, STAFF NURSE, ESI HOSPITAL, VADAVATHOOR, KOTTAYAM DISTRICT, (UNDER ORDERS OF TRANSFER), W/O.JIJI JOSE, AGED 34 YEARS, PAKKARAMPEL HOUSE, VAKKAD P.O., NJEESHOOR VILLAGE, KOTTAYAM DISTRICT.

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BY ADV. SRI.P.C.HARIDAS

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RESPONDENTS:

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-------------------------

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1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO THE DEPARTMENT OF HEALTH, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

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2. THE DIRECTOR, INSURANCE MEDICAL SERVICE, THIRUVANANTHAPURAM.

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3. SUPERINTENDENT, ESI HOSPITAL, VADAVATHOOR.

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BY GOVERNMENT PLEADER SRI. BEJOY CHANDRAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Kss

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V.GIRI,J.

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W.P ( C) No. 1702 of 2008

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Dated this the 15^th January, 2008

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J U D G M E N T

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Petitioner, a Staff Nurse Gr.II, is aggrieved by Exhibit P2 order of transfer by which she has been transferred from the E.S.I. Hospital, Vadavathur, Kottayam District to E.S.I. Dispensary, Ramankulangara in Kollam District. Petitioner says that this entails considerable travel everyday. It is further submitted that to undertake such travel at this stage is extremely difficult when she is eight months pregnant (evidenced by Exhibit P3 medical certificate). She is due to take maternity leave from 15^th February, 2008. Petitioner has submitted her objection to Exhibit P2 order of transfer and sought for variation of the posting by Exhibit P4 representation before the Director.

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After having heard the learned Government Pleader also, this writ petition is disposed of directing the 2^nd respondent to consider and pass orders on Exhibit P4, taking note of the petitioner's situation, as evidenced by Exhibit P3 medical

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W.P ( C) No. 1702 of 2008

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certificate, within two months from the date of receipt of a copy of this judgment. In view of the peculiar facts and circumstances of the case, the petitioner who is now in an advanced stage of pregnancy shall be permitted to continue in Vadavathoor until a decision is taken by the Director on Exhibit P4.

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(V.GIRI, JUDGE)

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W.P ( C) No. 1702 of 2008

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K.THANKAPPAN,J

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CRL.A. NO.92 OF 1999

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ORDER

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25^th May, 2007

Sini Thomas v. State of Kerala and Others

Case brief

What is this about?

What did the court decide?

Sini Thomas v. State of Kerala and Others

Case brief

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What did the court decide?

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