LAWS(KER)-2020-12-229

PRIYA K.L. Vs. STATE OF KERALA

Decided On December 04, 2020
Priya K.L. Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) The petitioner says that she is presently working as a Staff Nurse at the Regional Cancer Centre (RCC), Thiruvananthapuram. According to her, she has now been sought to be transferred to Palakkad, through Ext.P2 order and asserts that this is illegal and unlawful. She, therefore, prays that Ext.P2 be set aside, adding that she is constrained to make this request also because she is a divorcee, living with her aged mother and that it will be difficult for her to shift her family to Palakkad on account of Covid - 19 pandemic restrictions. She adds to these submissions saying that there are three other Nurses who are willing to be transferred to ECDC, Palakkad, but this has not been taken into account when Ext.P2 had been issued.

(2.) In response to the submissions of the learned counsel for the petitioner - Smt.A.Aruna, as afore, Sri.T.A.Shaji, learned senior counsel, instructed by Sri.Athul Shaji, the learned standing counsel for RCC, submitted that a counter affidavit has been filed on record - wherein, it has been clearly stated that the posting of the petitioner at Palakkad, which is an Early Cancer Detection Centre (ECDC), is absolutely necessary and that the presence of such Nurses in the said Centre is given by rotation from among the various incumbents available, and that it reads as under:

(3.) The learned senior counsel concluded his submissions by saying that, as has been averred in the afore extracted portion of the affidavit, a certain Smt.Ajila, who is now working in the ECDC, Palakkad, has put in more than three years there, even though the normal period is only one year and therefore, that the transfer of the petitioner to the said centre is irreproachable. He, therefore, prayed that this writ petition be dismissed.