Disposed

Dr. Jessy.K.L v. the State of Kerala

Kerala HC24 Sept 2018WP(C)/23311/2018

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a writ petition challenging a medical officer's transfer. The court declined interference as the distance was short and the transfer is not within the court's jurisdiction, directing instead that the petitioner appeal the transfer to the State Mission Director.

What did the court decide?

The writ petition is disposed of directing the addl.6th respondent to consider and pass orders on the appeal submitted by the petitioner.

Dr. Jessy.K.L Vs the State of Kerala — Pension and Retirement Benefits | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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MONDAY ,THE 24TH DAY OF SEPTEMBER 2018 / 2ND ASWINA, 1940

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WP(C).No. 23311 of 2018-L

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PETITIONER/S:

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DR. JESSY.K.L

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AGED 46 YEARS, W/O.S.SIVAPRASAD,MEDICAL OFFICER, N H M PRIMARY HEALTH CENTER,SENAPATHY, IDUKKI DISTRICT, PIN - 685 619,RESIDING AT ARUNODHAYAM HOUSE, PULLICHIRA P.O.,KOLLAM, MAYYANAD - PIN - 691 304.

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BY ADV. SMT.A.A.SHIBI

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RESPONDENT/S:

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1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO THE GOVERNMENT,DEPARTMENT OF AYUSH, SECRETARIAT,THIRUVANANTHAPURAM - 695 001.

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2 DIRECTOR OF HOMEOPATHY OFFICE OF THE DIRECTOR OF HOMEOPATHY,EAST FORT, PAZHAVANGADI,THIRUVANANTHAPURAM - 695 023.

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3 DISTRICT PROGRAMME MANAGER AROGYAKERALAM, KUYILIMALA P.O.,PAINAV, IDUKKI, PIN - 685 603.

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4 DISTRICT MEDICAL OFFICER (HOMEO) THARANIYIL BUILDING,THODUPUZHA, IDUKI DISTRICT,PIN - 685 584.

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5 DR.K.P.NISHA MEDICAL OFFICER,N H M HOMEO DISPENSARY,SANTHANPARA, PIN - 685 619.

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****** ADDL.R6 STATE MISSION DIRECTOR, NATIONAL RURAL HEALTH MISSION, AROGYAKERALAM, GENERAL HOSPITAL, NRHM BUILDING, TRIVANDRUM, 695035**

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WP(C).No. 23311 of 2018-L

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(ADDL.R6 IS IMPLEADED AS PER ORDER DATED 24.09.2018 IN IA NO.3 OF 2018)

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BY ADV. SRI.M.AJAY,SC,NATIONAL RURAL HEALTH MIS

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OTHER PRESENT:

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SRI.RON BASTIAN, GP

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24.09.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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P.V.ASHA, J.

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W.P.(C) No.23311 of 2018

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Dated this the 14^th day of September, 2018

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JUDGMENT

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The petitioner, who is working as Medical Officer, NHM Homoeo Dispensary, Senapathy, filed this writ petition challenging Ext.P1 order by which she was transferred to Homoeo Dispensary, Santhanpara. The petitioner's contention is that she is the winner of pre conclave conducted before the international conclave and she has to attend international conclave which was scheduled to be held on 02.09.2018, in her official capacity for presentation of her project. As per the interim order passed on 11.07.2018 the petitioner was allowed to continue at Senapathy for a period of two months.

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2. The 3^rd respondent has filed a counter affidavit and the petitioner has filed reply affidavit also. The learned counsel for the 3^rd respondent pointed out that transfer of the petitioner is to a station which is only 4 kilometers away. It is pointed out that the

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W.P.(C) No.23311/18

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conference has been postponed indefinitely. Respondents submit that there will not be any objection in the petitioner participating in the international conclave.

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3. As transfer is only to a station which is 4 kilometers away, I do not propose to interfere with the order of transfer. Petitioner do not have any right to insist that she should be retained in any particular station.

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The petitioner submits that she has filed Ext.P6 appeal against Ext.P1 order before the State Mission Director, National Rural Health Mission - addl.6^th respondent. In the above circumstances, I dispose of the writ petition directing the addl.6^th respondent to consider and pass orders on the appeal submitted by the petitioner.

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The writ petition is accordingly disposed of.

Sd/-

P.V.ASHA

JUDGE

rkc

W.P.(C) No.23311/18

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APPENDIX

PETITIONER'S/S EXHIBITS:

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EXHIBIT P1.	TRUE COPY OF THE PROCEED NO.A/2486/17/D.P.M./AROGYAKERALAM IDUKKI DATED 23.06.2018 OF THE T RESPONDENT.	INGS HIRD
EXHIBIT P2.	TRUE COPY OF CERTIFICATE NO.B1-3/ DATED 20.04.2018 ISSUED FROM SENAP GRAMA PANCHAYATH.	2018 ATHY
EXHIBIT P3.	TRUE COPY OF NEWS ITEMS PUBLISHED MANGALAM DAILY ON 02.07.2018.	IN
EXHIBIT P3(A)	TRUE COPY OF NEWS ITEMS PUBLISHED MATHRUBHUMI DAILY ON 07.06.2018.	IN
EXHIBIT P3(B)	TRUE COPY OF NEWS ITEMS PUBLISHED KERALA KAUMUDHI ON 07.07.2018.	IN
EXHIBIT P4.	TRUE COPY OF RELEVANT PAGES OF THE OF DOCTORS WHO WERE SUBMITTED PROJECT IN POWERPOINT PRESENTATION.	LIST THE
EXHIBIT P5.	TRUE COPY OF COMMUNICATION SENT BY PRESIDENT OF SENAPATHY GRAMA PANCH	THE AYAT
	TO STATE MISSION DIREC AROGYAKERALAM.	TOR,
EXHIBIT P6	TRUE COPY OF APPEAL WITHOUT EXHI	BITS
	FILED BEFORE THE STATE MIS	SION
	DIRECTOR, NATIONAL RURAL HE	ALTH
	MISSION, AROGYAKERALAM, GEN HOSPITAL, NRHM BUILDING, TRIVAND PIN 695035, ALONG WITH POSTAL RECEIP	ERAL RUM, T.
RESPONDENTS' EXHIBITS
EXT.R3A	TRUE COPY OF THE CONTRACT OF ENGAGE ENTERED INTO BY THE PETITIONER WITH NHM DT.3.4.18	MENT THE

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W.P.(C) No.23311/18

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EXT.R3B	TRUE COPY OF THE APPLICATION	SUBMITTED
	BY THE PETITIONER FOR DT.18.4.18	TRANSFER
EXT.R3C	TRUE COPY OF TEH APPLICATION BY THE FIFTH RESPONDENT FOR DT.19.4.18	SUBMITTED TRANSFER
EXT.R3D	TRUE COPY OF THE DRAFT LIST OF OF MEDICAL OFFICERS 9HOMO	TRANSFER EO) WAS
	PUBLISHED ON 31.5.18 VID NO.A/2486/DPM/IDUKKI	E ORDER
EXT.R3E	TRUE COPY OF THE REPRE SUBMITTED BY THE PETITIONER THIRD RESPONDENT DT.5.6.18	SENTATION TO THE
EXT.R3F	TRUE COPY OF THE NO.A2300/2015/DPM/AROGYAKERALAM DT.13.7.18	ORDER , IDUKKI
EXT.R3G	TRUE COPY OF THE COMMUNICATIO THE PETITIONER TO THE NHM, RESPONDENT DT.16.7.18	N SENT BY ANSWERING
EXT.R3H	TRUE COPY OF THE APPLICA	TION FOR
	MEDICAL LEAVE SUBMITTED	BY THE
	PETITIONER ALONG WITH EXT.R3G

Dr. Jessy.K.L v. the State of Kerala

Case brief

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Dr. Jessy.K.L v. the State of Kerala

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