IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 20TH DAY OF MAY 2022 / 30TH VAISAKHA, 1944
WP(C) NO. 11234 OF 2022
PETITIONER/S:
SHEEJA.N.P.,
AGED 46 YEARS
W/O. THANKARAJANKUNJAPPI, WORKED AS ASHA WORKER, WARD
20 OFFICE WARD, BALARAMAPURAM GRAMA PANCHAYATH,
RESIDING AT HOUSE NO. 411, POYKAYILNIVAS, SANTHIPURAM,
RASSELPURAM, THIRUVANANTHAPURAM 695 501.
BY ADVS.
J.G.SYAMNATH
V.S.VISWAMBHARAN
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH AND
FAMILY WELFARE DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM 695 001.
2 THE DIRECTOR ,
DIRECTORATE OF HEALTH SERVICES, GENERAL HOSPITAL
JUNCTION, THIRUVANANTHAPURAM 695 035.
3 STATE MISSIONS DIRECTOR (NRHM),
HEALTH AND FAMILY WELFARE DEPARTMENT, NRHM BUILDING,
DHS COMPOUND, GENERAL HOSPITAL JUNCTION,
THIRUVANANTHAPURAM 695 035.
4 DISTRICT PROGRAM MANAGER ,
(NRHM), OFFICE OF NATIONAL HEALTH MISSION, W AND C
HOSPITAL COMPOUND, THYCAUD, THIRUVANANTHAPURAM 695 014.
5 SECRETARY,
BALARAMAPURAM GRAMA PANCHAYATH, BALARAMAPURAM,
THIRUVANANTHAPURAM 695 501.
6 MEDICAL OFFCIER,
PRIMARY HEALTH CENTER, BALARAMAPURAM,
THIRUVANANTHAPURAM 695 501.
BY ADV SHRI.C.J.JOY, SC, BALARAMAPURAM GRAMA PANCHAYAT
OTHER PRESENT:
Sr.GP.Premchand R.Nair.SC FOR NRHM M.AJAY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 11234 OF 2022
2
JUDGMENT
Dated this the 20th day of May, 2022 The petitioner, a resident of Ward No.2 of Balaramapuram Grama Panchayath, is working as an ASHA worker in the same Ward. She is aggrieved by her posting to Ward No.4 all on a sudden. Hence, this writ petition. The petitioner has raised her grievance before the authorities and has requested to transfer her back to Ward No.2.
2. Learned Counsel for the petitioner submits that for the present, the petitioner will be satisfied with a direction to the sixth respondent to consider the representation and pass a reasoned order thereon.
3.Adv. C .J Joy, learned counsel for the 5 th respondent Panchayat, submitted that the representation ought to be made before the ASHA Grievance Committee and not the Medical Officer.
4.Considering the limited relief sought, the writ petition is disposed of permitting the petitioner to submit the representation before the ASHA Grievance Committee within WP(C) NO. 11234 OF 2022 3 two weeks. In such event, the Grievance Committee shall take up the representation and pass appropriate orders thereon within one month.
The writ petition is disposed of accordingly.
Sd/-
V.G ARUN JUDGE SJ WP(C) NO. 11234 OF 2022 4 APPENDIX OF WP(C) 11234/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE RATION CARD OF THE PETITIONER.
Exhibit P2 TRUE COPY OF THE CIRCULAR VIDE NHM/3523/2018/CSD/SPMSU DATED 27/07/2018. Exhibit P3 TRUE COPY OF THE APPLICATION FOR TRANSFER DATED 24/01/2019 FILED BEFORE THE SECRETARY, BALARAMAPURAM GRAMA PANCHAYATH. Exhibit P4 TRUE COPY OF THE APPLICATION FOR TRANSFER DATED 24/01/2019 FILED BEFORE THE MEDICAL OFFICER, FAMILY HEALTH CENTRE BALARAMAPURAM. Exhibit P5 TRUE COPY OF THE APPLICATION FOR TRANSFER DATED 24/01/2019 FILED BEFORE THE DISTRICT PROGRAM MANAGER, Exhibit P6 TRUE COPY OF THE APPLICATION FOR TRANSFER DATED 11/01/2021 FILED BEFORE THE MEDICAL OFFICER, FAMILY HEALTH CENTRE, BALARAMAPURAM .
Exhibit P7 TRUE COPY OF THE APPLICATION FOR TRANSFER DATED 11/01/2021 FILED BEFORE THE SECRETARY, BALARAMAPURAM, GRAMA PANCHAYATH. Exhibit P8 TRUE COPY OF THE CIRCULAR N.H.M.
/4342/CSD/2021/SPMSU DATED 17/11/2021 PASSED BY THE NATIONAL HEALTH MISSION.
Exhibit P9 TRUE COPY OF THE TRANSFER APPLICATION DATED 19/11/2021 FILED BEFORE THE MEDICAL OFFICER, FHC, BALARAMAPURAM.
Exhibit P10 TRUE COPY OF THE REPRESENTATION DATED 03-04-
2022.
Exhibit P11 TRUE COPY OF THE POSTAL RECEIPT DATED 05-04-
2022.