Allowed

A.Kunhikari v. State of Kerala and Others

Kerala HC10 Dec 2008WP(C)/23386/2008

Case brief

AI extract

What is this about?

Petitioning nursing assistant challenged transfer from Kondotty to Tirur. Court allowed transfer to Manjeri District Hospital to avoid long travel distance, directing DMO to post him within one month while keeping the post vacant.

What did the court decide?

District Medical Officer of Health, Manjeri to transfer and post petitioner in District Hospital, Manjeri expeditiously within one month.

A.Kunhikari Vs State of Kerala and Others — Public Procurement and Tenders | Kerala HC (2008)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT :

¶3

THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN

¶4

WEDNESDAY, THE 10TH DECEMBER 2008 / 19TH AGRAHAYANA 1930

¶5

WP(C).No. 23386 of 2008(H) ---------------------------------------

¶6

PETITIONER(S):

¶7

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

¶8

A.KUNJIKARI, AGED 52 YEARS, S/O.ITTIYATHAN (LATE), ARYAN HOUSE, AROOR-KULAVATTOOR.P.O, MALAPPURAM DISTRICT. (NURSING ASSISTANT, TALUK HOSPITAL, KONDOTTY)

¶9

BY ADV. SMT.LATHA PRABHAKARAN SRI.K.M.JAMALUDHEEN

¶10

RESPONDENT(S):

¶11

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

¶12

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

¶13

2. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM.

¶14

3. THE DISTRICT MEDICAL OFFICER (HEALTH), MANJERI, MALAPPURAM DISTRICT.

¶15

GOVERNMENT PLEADER SMT.T.B.RAMANI

¶16

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶17

W.P.(C) NO.23386/2008

¶18

APPENDIX

¶19

PETITIONERS EXHIBITS

¶20

P1:- COPY OF THE ORDER DT. 29.7.08 ISSUED BY 3RD RESPONDENT. P2:- COPY OF THE G.O.(MS)201/75/HEALTH DT. 3.6.75 ISSUED BY THE IST RESPONDENT. P3:- COPY OF THE G.O.(MS) 7/75/HEALTH DT. 7.1.75 ISSUED BY THE IST RESPONDENT (RRELEVANT PORTIONS).

¶21

P4:- COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DT. 8.8.08.

/ TRUE COPY/

P.A. TO JUDGE

tss

P.N.RAVINDRAN, J.

¶26

W.P.(C). No.23386 OF 2008

¶27

Dated this the 10th day of December, 2008 JUDGMENT

¶28

The petitioner is presently working as Nursing Assistant

¶29

in the Health Services Department. He is aggrieved by Ext.P1 order transferring him from the Primary Health Centre, Kondotty to Government Taluk Hospital, Tirur. The petitioner submits that, he will have to travel more than 55 kilometers and that no grounds exist to transfer him from Kondotty to Tirur.

¶30

The learned Government Pleader appearing for the respondents on instructions submits that vacancies of Nursing Assistant exist at Manjeri and that of the petitioner is willing to be posted at Manjeri, necessary orders in that regard will be issued by the District Medical Officer of Health, Manjeri. The learned counsel appearing for the petitioner submits that the petitioner is willing to be transferred and posted in the District Hospital at Manjeri .

¶31

WP(C)NO.23386/08

¶32

¶33

In the light of the submissions made at the bar, the District Medical Officer of Health, Manjeri is directed to issue orders transferring and posting the petitioner as Nursing Assistant in the District Hospital, Manjeri expeditiously and in any event within one month from the date of receipt of a copy of this judgment. Till then one post of Nursing Assistant in the District Hospital, Manjeri shall not be filled up.

¶34

P.N.RAVINDRAN, JUDGE

¶35

sks/-

A.Kunhikari v. State of Kerala and Others

Case brief

What is this about?

What did the court decide?

A.Kunhikari v. State of Kerala and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

K.Karunakaran Vs T.Chandran

P.v.Suresh Babu Vs Union of India & Others

P.N.Sekharan Nair and Others Vs State of Kerala and Others

A.H.Phiroskhan Vs State of Kerala

Jini.K.Varghese Vs State of Kerala & Ors.

J.Soman Kurup Vs Land Revenue Commissioner and Another