Dr.Aswathy Prasad vs Chief Executive Officer on 29 May, 2009

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Kerala High Court

Dr.Aswathy Prasad vs Chief Executive Officer on 29 May, 2009

Bench: P.N.Ravindran

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 14815 of 2009(V)


1. DR.ASWATHY PRASAD,
                      ...  Petitioner

                        Vs



1. CHIEF EXECUTIVE OFFICER,
                       ...       Respondent

2. THE STATE MISSION DIRECTOR

3. STATE OF KERALA, REP. BY ITS SECRETARY,

                For Petitioner  :SRI.S.MUHAMMED HANEEFF

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :29/05/2009

 O R D E R
                          P.N.RAVINDRAN, J.
                     -------------------------------------
                      W.P.(C)No.14815 of 2009
                     --------------------------------------
                         Dated 29th May, 2009

                               JUDGMENT

Heard Sri.S.Muhammed Haneef, the learned counsel appearing for the petitioner and Sri.P.Nandakumar, the learned Government Pleader appearing for respondents 1 and 3. I have also heard Sri.M.Ajay, the learned Standing Counsel appearing for the second respondent.

2. The petitioner is a Doctor by profession. On completion of her course of study and house surgency, she was allotted to serve in Kasaragode District as per the policy of the Government that Doctors who pass out of Government Medical Colleges should serve in rural areas for a minimum period of one year. It appears that even though the petitioner was allotted to Community Health Centre, Neeleshwar, Kasaragode District, the second respondent reallotted her to Community Health Centre, Kundara on her request. The petitioner took charge at Kundara on 12.2.2009. Shortly thereafter the Government issued Ext.P4 order cancelling the petitioner's allotment to Community Health Centre, Kundara. Thereupon the petitioner was relieved and reposted to Community Health Centre, Neeleshwar, Kasaragode District. Aggrieved thereby the petitioner has filed Ext.P6 representation before the Secretary to Government, Health and Family Welfare Department. In this writ petition the petitioner WP(C).No.14815/2009 2 inter alia prays for a direction to the Government to consider Ext.P6 representation and pass orders thereon within a time limit to be fixed by this Court.

3. The question whether the petitioner can be permitted to continue at Community Health Centre, Kundara or in any other Health Centre in Kollam or Thiruvananthapuram Districts as sought for by her in Ext.P6 is primarily a matter for the Government to decide. The petitioner has admittedly executed a bond undertaking to serve in rural areas for a period of one year. The Government according to me is the best judge of the situation. However, since the petitioner has made a request pointing out the difficulties that she would face if she is posted at Neeleshwar, I am of the opinion that the Government should consider the request in Ext.P6 and take a decision thereon.

I accordingly dispose of this writ petition with a direction to the Secretary to Government, Health and Family Welfare Department to consider the request made by the petitioner in Ext.P6 representation and take a decision thereon. This shall be done within one month from the date on which the petitioner produces a certified copy of this judgment, after affording her a reasonable opportunity of being heard.

P.N.RAVINDRAN Judge TKS

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