Sheeja.N.P vs State Of Kerala
2022 Latest Caselaw 5349 Ker

             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

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

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.