GRACY GEORGE Vs. REGIONAL CANCER CENTRE

JUDGEMENT

(1.) This appeal is at the hands of the writ petitioner who is a staff nurse presently working at the Early Cancer Detection Centre, Ernakulam (hereinafter referred to as the "ECDC"), who has been transferred under Ext.P5 to the Regional Cancer Centre, Thiruvananthapuram (hereinafter referred to as the "RCC").

(2.) The facts of this case would reveal that the petitioner was originally working at the RCC, Thiruvananthapuram as a head nurse when, in the year 2008, she applied for transfer to the ECDC, Ernakulam on account of certain personal reasons. The compulsions under which she made such request appear to be constraining because she had agreed that she would join Ernakulam as the junior most staff nurse and that she would give up all her claims for being promoted as a head nurse. She had also agreed that after a period of one year, if her services are found to be required at the RCC, Thiruvananthapuram, she would agree to be transferred back, forgoing her seniority and to join as the junior most staff nurse at Thiruvananthapuram.

(3.) On such specific conditions she was transferred to the ECDC, Ernakulam in the year 2008 and even though, as per Ext.P2 order sanctioning such transfer, her transfer was for a limited period she has continued to remain in ECDC, Ernakulam until now. The RCC, Thiruvananthapuram, as per Ext.P5, has now requisitioned her services on account of immediate need to fill up several vacancies unfilled due to want of personnel. They assert that the services of the appellant/writ petitioner is now necessary and urgently required at the RCC, Thiruvananthapuram and on such basis the orders transferring her were issued.