Rajasree S.J vs State Of Kerala

Kerala High Court

Rajasree S.J vs State Of Kerala on 7 May, 2024

Author: P Gopinath

Bench: P Gopinath

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
          THE HONOURABLE MR. JUSTICE GOPINATH P.
                              &
        THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
  TUESDAY, THE 7TH DAY OF MAY 2024 / 17TH VAISAKHA, 1946
                  OP(KAT) NO. 204 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN OA NO.740 OF 2024 OF
KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONER
          RAJASREE S.J
          AGED 44 YEARS
          D/O V R SUKUMARAN NAIR, AGED 44 YEARS, PHARMACIST
          GR-I, GENERAL HOSPITAL, NEYYATTINKARA,
          THIRUVANANTHAPURAM-695121, RESIDENTOF SREELAKAM,
          PUNNAKKADU, PERUMAZHATHOOR (P.O.), NEYYATTINKARA,
          THIRUVANANTHAPURAM, PIN - 695126
          BY ADVS.
          NIDHI BALACHANDRAN
          D.JAYAKRISHNAN
RESPONDENTS

    1    STATE OF KERALA
         REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
         DEPARTMENT OF HEALTH AND FAMILY WELFARE,
         GOVERNMENT OF KERALA, GOVERMENT SECRETARIAT,
         THIRUVANANTHAPURAM, PIN - 695001
    2    THE DIRECTOR OF HEALTH SERVICES (HEALTH)
         GENERAL HOSPITAL JUNCTION, VANCHIYOOR (P.O.),
         THIRUVANANTHAPURAM, PIN - 695035
    3    THE DISTRICT MEDICAL OFFICER
         THIRUVANANTHAPURAM, RED CROSS ROAD, VANCHIYOOR
         (P.O.), THIRUVANANTHAPURAM, PIN - 695035
    4    THE DISTRICT MEDICAL OFFICER
         PATHANAMTHITTA, COLLECTORATE BUILDING,
         PATHANAMTHITTA, PIN - 689645
         SRI.HARISH K.P SR.G.P
     THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP
FOR ADMISSION ON 07.05.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 O.P(KAT)No.204 of 2024           2




                          JUDGMENT

============ Dated this the 7th day of May, 2024 Gopinath P., J.

The petitioner has approached this Court being aggrieved by the fact that the Kerala Administrative Tribunal has failed to grant any interim protection to the petitioner against Annexure A14 Government Order, which rejects the appeal filed by the petitioner against the transfer of the petitioner from Thiruvananthapuram to Pathanamthitta.

2. The learned counsel appearing for the petitioner would submit that the petitioner is suffering from various illnesses and the appeal filed by the petitioner was rejected mechanically without considering the health condition of the petitioner.

3. The learned Government Pleader submits that a reading of the order produced as Annexure A14 before the Administrative Tribunal will itself indicate that the claim of O.P(KAT)No.204 of 2024 3 the petitioner was properly considered by the Government.

It is submitted that transfer is an incidence of service and the petitioner has been working in Thiruvananthapuram District from 2005 onwards. It is submitted that in such circumstances there is no ground made out to grant any relief to the petitioner.

4. Having heard the learned counsel appearing for the petitioner and the learned Government Pleader and having perused Annexure A14 order, we find no ground made out for grant of any relief to the petitioner especially when the original application is pending consideration before the Tribunal.

The original petition fails and is accordingly dismissed, in limine.

Sd/-

GOPINATH P. JUDGE Sd/-

SYAM KUMAR V.M. JUDGE smm O.P(KAT)No.204 of 2024 4 APPENDIX OF OP(KAT) 204/2024 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF ORDER NO. series EH1/7074/2023/DHS DATED 11.4.2023 ISSUED BY THE 2ND RESPONDENT ALONG WITH THE DRAFT LIST FOR PHARMACIST GR.I Annexure A2 TRUE COPY OF THE ORDER NO. series DHS/5213/2023-EE4 DATED 30.5.2023 ALONG WITH THE FINAL TRANSFER LIST ISSUED BY THE 2ND RESPONDENT Annexure A3 TRUE COPY OF THE OBJECTION DATED 31.5.2023 SUBMITTED BY THE APPLICANT BEFORE THE 2ND RESPONDENT Annexure A4 TRUE COPY OF THE ORDER NO. series DHS/5213/2023-EE4 DATED 16.6.2023 ALONG WITH THE FINAL MODIFIED LIST OF TRANSFER Annexure A5 TRUE COPY OF THE DISCHARGE SUMMARY ISSUED UPON DISCHARGE OF THE APPLICANT ON 6.12.2019 BY THE SUT HOSPITAL, PATTOM, THIRUVANANTHAPURAM Annexure A6 TRUE COPY OF THE DISCHARGE SUMMARY ISSUED PON DISCHARGE OF THE APPLICANT ON 27.10.2021 BY THE SUT HOSPITAL, PATTOM, THIRUVANANTHAPURAM Annexure A7 TRUE COPY FO THE LETTER DATED 21.10.2020 ISSUED BY DR. LAKSHMI.

                 C.P.    TO    DR.    VISHAD      VISWANATH
                 REGARDING THE APPLICANT
Annexure A8      TRUE COPY OF THE LETTER DATED NIL

FROM DR. VISHAD VISWANATH OF IRIS RHEUMATOLOGY TO DR. LEKSHMI REGARDING THE APPLICANT Annexure A8(a) TRUE TYPED READABLE VERSION OF ANNEXURE-A8 Annexure A9 TRUE COPY OF THE DISCHARGE SUMMARY WITH DATE OF DISCHARGE 4.10.2021 ISSUED TO THE APPLICANT'S MOTHER JAYALAKSHMI AMMA. K FROM THE SP FORT HOSPITAL, THIRUVANANTHAPURAM O.P(KAT)No.204 of 2024 5 Annexure A10 TRUE COPY OF THE SHORT DISCHARGE SUMMARY FOR 5.4.2023 ISSUED TO THE APPLICANT'S MOTHER JAYALEKSHMI AMMA K FROM THE KIMS HOSPITAL, THIRUVANANTHAPURAM Annexure A11 TRUE COPY OF ORDER NO. A6- 8960/2023/DMO (HEALTH)/PATHANAMTHITTA DATED 4.7.2023 ISSUED BY THE 4TH RESPONDENT Annexure A12 TRUE COPY OF THE FINAL ORDER DATED 20.6.2023 IN O.A. NO. 1027/2023 Annexure A13 TRUE COPY OF THE APPEAL DATED 22.6.2023 BEFORE THE 1ST RESPONDENT Annexure A14 TRUE COPY OF THE G.O.(RT) NO.

905/2024/H&FWD DATED 26.3.2024 Annexure A15 TRUE COPY OF THE GENERAL TRANSFER APPLICATION DATED 26.3.2024 SUBMITTED BY THE APPLICANT Annexure A16 TRUE COPY OF THE REPRESENTATION DATED 27.3.2024 SUBMITTED BEFORE THE 2ND RESPONDENT Exhibit P1 TRUE COPY OF O.A. NO. 740/2024 FILED BY THE PETITIONER BEFORE THE KERALA ADMINISTRATIVE TRIBUNAL, THRIUVANANTHAPURAM