Dr.Melwyn.A.Fervis vs General Manager Southern ...
2023 Latest Caselaw 993 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
        THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
                                    &
            THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
   TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
                       OP (CAT) NO. 66 OF 2022
PETITIONER/S:

            DR.MELWYN.A.FERVIS
            AGED 43 YEARS, ARAMAM,
            ARA-B3,TC.6/1544(3) ROHINI NAGAR
            AITHADI LANE, THURUVIKKAL.P.O,
            THIRUVANANTHAPURAM-695011, PIN - 695011

            BY ADV R.S.SARAT

RESPONDENT/S:
    1       GENERAL MANAGER SOUTHERN RAILWAY,CHENNAI
            SOUTHERN RAILWAY, GEORGE TOWN,
            CHENNAI, TAMIL NADU-600003, PIN - 600003
    2       CHIEF MEDICAL DIRECTOR SOUTHERN RAILWAY,CHENNAI
            SOUTHERN RAILWAY, MEDICAL DEPARTMENT
            MOORE MARKET COMPLEX, 4TH FLOOR,
            PARK TOWN, CHENNAI, PIN - 600003
    3       PRINCIPAL CHIEF PERSONNEL OFFICER
            HEAD QUARTERS OFFICE SOUTHERN RAILWAY
            PARK TOWN, CHENNAI, PIN - 600003
    4       DR SVO CHANDRA KUMAR
            CHIEF MEDICAL SUPERINTENDENT
            RAILWAY HOSPITAL
            PETTAH, THIRUVANANTHAPURAM, PIN - 695024

            BY ADV MANU S. DSG OF INDIA

     THIS     OP   (CAT)   HAVING       COME   UP   FOR   ADMISSION   ON
17.01.2023,     THE   COURT   ON    THE    SAME     DAY   DELIVERED   THE
FOLLOWING:
                                                       :2:

O.P. (CAT) No. 66 of 2022




                            A.K.JAYASANKARAN NAMBIAR
                                                    &
                                MOHAMMED NIAS C.P., JJ
                       ............................................................

                                 O.P. (CAT) No. 66 of 2022
                       ..................................................................

                       Dated this the 17th day of January, 2023



                                             JUDGMENT

Mohammed Nias.C.P.J.,

This Original Petition (CAT) is filed by the appellant before the

Tribunal challenging the order dated 23rd August, 2022 in O.A. 302 of

2022 of the Central Administrative Tribunal, Ernakulam dismissing her

Original Application filed challenging Ext. P1 order of transfer of the

petitioner from the Railway Hospital, Pettah, Thiruvananthapuram to

Railway Hospital, Palakkad. Though the petitioner raised several

grounds against Ext. P1 order of transfer, when the matter was taken

up on 4-1-2023 by this Court, the learned counsel for the petitioner

submits that the petitioner intends to prefer a representation to the

respondents pointing out her grievances and to consider her case for

transfer to the open vacancy at the Health Unit, Kollam. Accordingly,

she preferred a representation dated 6-1-2023 and has produced the

same as Ext. P11 along with I.A. 2 of 2023. In the representation, it is

stated that out of the two posts of Medical Officers at Health Unit,

O.P. (CAT) No. 66 of 2022

Quilon of Trivandrum Division one is vacant after the transfer of one

doctor to the Health Unit, Thrissur and accordingly, requested for

considering the petitioner to the said vacant post.

2. In view of the representation before the 2nd respondent, there

will be a direction to the said respondent to consider Ext. P11

representation filed by the petitioner as expeditiously as possible after

hearing her, and at any rate, within an outer limit of one month from

the date of production of a copy of this judgment. All contentions taken

in this original petition are left open.

In the light of the above direction, we close this OP (CAT).

Sd/-A.K.JAYASANKARAN NAMBIAR, JUDGE

Sd/-MOHAMMED NIAS C.P., JUDGE

ani/

/true copy/

O.P. (CAT) No. 66 of 2022

APPENDIX OF OP (CAT) 66/2022

PETITIONER EXHIBITS Exhibit-P1 CERTIFIED COPY OF THE ORDER PASSED BY THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM IN O.A.180/0302/2022 DATED 23/08/2022.

Exhibit-P2 ORIGINAL APPLICATION COPY OF THE ORIGINAL APPLICATION 0.A.180/302/2022 DATED 13/06/2022.

Exhibit-P3 TRUE COPY OF INTERIM ORDER IN

0.A.180/302/2022 DATED 13/06/2022. Exhibit-P4 TRUE COPY OF ORDER PASSED IN C.P./22/2022 IN O.A./302/2022 DATED 22/06/2022 Exhibit-P5 TRUE COPY OF REPLY FILED BY THE RESPONDENTS 1 TO 3 DATED 29/06/2022. Exhibit-P6 TRUE COPY OF AFFIDAVIT FILED BY THE 4TH RESPONDENT DATED 28/06/2022.

Exhibit-P7 TRUE COPY OF REJOINDER TO THE REPLY FILED BY THE RESPONDENTS 1 TO 3 DATED 18/07/2022.

Exhibit-P8 TRUE COPY OF REJOINDER FILED BY THE PETITIONER TO THE AFFIDAVIT FILED BY THE 4TH RESPONDENT.

Exhibit-P9 TRUE COPY OF MA NO.508/2022 DATED 29.06.2022 Exhibit P10 POSTAL TRACK CONSIGNMENT RECORD PERTAINING TO CONSIGNMENT NO. EL 304040 224IN DATED 28.11.2022 Exhibit P11 TRUE COPY OF THE REPRESENTATION MOVED BY THE PETITIONER ADDRESSED TO THE 2ND RESPONDENT DATED 06.01.2023