Laiby V.Elizabeth vs The Director
2021 Latest Caselaw 6821 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

    FRIDAY, THE 26TH DAY OF FEBRUARY 2021 / 7TH PHALGUNA, 1942

                       WP(C).No.3707 OF 2021(K)


PETITIONER:

               LAIBY V.ELIZABETH
               AGED 37 YEARS
               W/O. FR. DR. ELIAS PAUL, STAFF NURSE (E CODE.5661)
               EARLY CANCER DETECTION (ECDC), KALOOR, ERNAKULAM -
               686017. RESIDING AT THURUTHEL HOUSE, KADACKANAD P.O,
               KOLENCHERRY - 682311.

               BY ADVS.
               SRI.ABRAHAM VAKKANAL (SR.)
               SMT.VINEETHA SUSAN THOMAS

RESPONDENTS:

      1        THE DIRECTOR, REGIONAL CANCER CENTRE (RCC)
               (RCC), THIRUVANANTHAPURAM - 695011.

      2        THE OFFICER IN CHARGE,
               ECDC, KALOOR, ERNAKULAM, COCHIN - 686017.

               R1 BY ADV. SRI.ATHUL SHAJI

OTHER PRESENT:

               SR ADV. T.A. SHAJI FOR RCC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.3707 OF 2021(K)

                                   2

                            JUDGMENT

Dated this the 26th day of February 2021

This writ petition is filed seeking the following reliefs:-

"i) Issue a writ of certiorari to other appropriate writ or direction, quashing Ext.P5 transfer order issued by the 1 st respondent, being arbitrary, malafide, unjust and illegal.

ii) to declare that the petitioner is entitled to be retained in ECDC, Ernakulam till her infertility treatment mentioned in Ext.P6 is successfully completed and till she completes the normal tenure of 3 yrs and as her predecessors were allowed to continue here for 15, 15 and 5 yrs respectively.

iii) Issue a writ of mandamus or other appropriate writ or direction, commanding the respondents not to disturb the petitioner from ECDC, Ernakulam, till the completion of her tenure and successful completion of her treatment. "

2. Heard the learned Senior Counsel for the

petitioner and the learned Senior Counsel appearing for the

respondent Centre.

3. It is submitted by the learned counsel for the

petitioner that the petitioner is a staff nurse, who has been

in service in the respondent Centre from 2015. It is

submitted that the petitioner is undergoing infertility

treatment at the CIMAR, Ernakulam and that the petitioner WP(C).No.3707 OF 2021(K)

had sought a transfer and accommodation at the ECDC,

Ernakulam on compassionate grounds. It is submitted that

considering the request made by the petitioner, the

petitioner had been granted a transfer to the ECDC,

Ernakulam on compassionate grounds for a period of one

year. She was, thereafter, permitted to continue. Thereafter,

by the impugned order, the petitioner has been sought to be

re-transferred to Thiruvananthapuram.

4. It is submitted by the learned Senior counsel

appearing for the 1st respondent that the petitioner had

been granted a compassionate posting to the Centre at

Ernakulam only for a period of one year, but the petitioner

had continued for another year because of the pandemic

situation. It is submitted that the petitioner has now been re-

transferred to Thiruvananthapuram on administrative

exigencies and that there is no ground for interference with

the order of re-transfer of the petitioner in view of the

specific fact that the petitioner had been posted only for a

year at Ernakulam.

WP(C).No.3707 OF 2021(K)

5. A statement has also been placed on record on

behalf of the 1st respondent.

6. The petitioner has placed a detailed reply affidavit

on record highlighting the stage of the IVF treatment

undergone by the petitioner as also pointing out that there

are several staff nurses, who have been posted elsewhere

from Trivandrum, who are ready and willing to be transferred

to Trivandrum before the petitioner's transfer is effected.

7. The learned Senior counsel appearing for the 1 st

respondent submits that if the petitioner has any grievance

as against Ext.P5 order of transfer, it is for the petitioner to

raise the same before the appropriate authority in the

respondent Centre, which is the Grievances Redressal

Centre. It is stated that if such a request is made before the

respondents, the same will be considered in accordance with

law, taking note of the humanitarian aspects of the matter

as well.

8. In the facts and circumstances of the case, I am of

the opinion that the request made by the petitioner for WP(C).No.3707 OF 2021(K)

retention at Ernakulam for the time being is liable to be

considered by the Grievances Redressal Cell. In case the

petitioner makes a detailed representation, within ten days

from today, pointing out the factual aspects of the matter

before the respondents, the same shall be placed before the

Grievances Redressal Cell, who shall consider the grievances

of the petitioner with notice to the petitioner as well as the

respondents and after hearing them through any

appropriate means including video conferencing and pass

orders thereon within a period of three weeks from the date

of receipt of a copy of the representation as directed above.

Till orders are passed as directed above, the petitioner shall

be permitted to continue at her present station.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE Bng/26.02.2021 WP(C).No.3707 OF 2021(K)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE REPRESENTATION DATED 10.04.2018 SUBMITTED BY THE PETITIONER TO RI SEEKING A TRANSFER FROM THIRUVANANTHAPURAM TO ERNAKULAM.

EXHIBIT P2 TRUE COPY OF THE RTI REPLY DATED 26.10.2018 RECEIVED FROM RCC.

EXHIBIT P2(A) TRUE COPY OF THE MINUTES OF THE MEETING HELD ON 31.03.2017 LIMITED THE PERIOD OF TRANSFER TO 3 YRS.

EXHIBIT P3 TRUE COPY OF THE ORDER NO.

800/TRANSFER/ECDC.EKM/ADMN.VI/2018/RCC DT.29-01-2019 OF R1 TRANSFERRING PETITIONER TO ECDC, KALLOR.

EXHIBIT P4 TRUE COPY OF THE PETITION DT.15.01.2021 SUBMITTED BY PETITIONER TO R1 SEEKING EXTENSION OF POSTING AT ECDC, ERNAKULAM.

EXHIBIT P5 TRUE COPY OF THE ORDER NO.800/TRANSFER/ECDC.EKM/ADMN.VI/2018/R CC DT.03.02.2021.ISSUED BY R1 REVERTING PETITIONER BACK TO RCC.

EXHIBIT P6 TRUE COPY OF THE MEDICAL CERTIFICATE DT.10.02.2021 ISSUED FROM CIMAR FERTILITY CENTRE.

EXHIBIT P7 TRUE COPY OF THE MEDICAL PRESCRIPTION DT.15.12.2020 ISSUED FROM CIMAR.

EXHIBIT P7(A) TRUE COPY OF THE MEDICAL PRESCRIPTION DT.02-01-2021 ISSUED FROM CIMAR.

EXHIBIT P7(B) TRUE COPY OF THE MEDICAL PRESCRIPTION DT.12.01.2021 ISSUED FROM CIMAR.

EXHIBIT P7(C) TRUE COPY OF THE MEDICAL PRESCRIPTION DT.16.01.2021 ISSUED FROM CIMAR.

WP(C).No.3707 OF 2021(K)

EXHIBIT P7(D) TRUE COPY OF THE MEDICAL PRESCRIPTION DT.19.01.2021 ISSUED FROM CIMAR.

EXHIBIT P7(E) TRUE COPY OF THE MEDICAL PRESCRIPTION DT.30.01.2021 ISSUED FROM CIMAR.

EXHIBIT P8 TRUE COPY OF THE REGISTRATION CARD DATED 07.09.1992 ISSUED FROM RCC, FOR HAVING ADMITTED THERE FOR TREATMENT.

EXHIBIT P9 TRUE COPY OF THE PAGE CONTAINING THE STATISTICS OF THE ACTIVITIES DONE IN ECDC, ERNAKULAM, DOWNLOADED FROM THE OFFICIAL WEBSITE OF RCC

EXHIBIT P10 TRUE COPY OF THE RELEVANT PAGE DOWNLOADED FROM THE OFFICIAL WEBSITE OF RCC, SHOWING STAFF PATTERN AS ON 2017-

EXHIBIT P11 TRUE COPY OF THE EMAIL DATED 15.02.20212 SENT BY PETITIONER'S HUSBAND TO R1

EXHIBIT P12 TRUE COPY OF THE ATTACHMENT TO THE EMAIL DATED 09.02.2021.