High CourtsDivision Bench(2021) 06 KL CK 0042

Laiby V. Elizabeth vs Director, Regional Cancer Centre (Rcc) Thiruvananthapuram,

High Court Of Kerala · Decided on 4 June 2021

HON’BLE JUDGES
A. Muhamed Mustaque, J · Dr.Kauser Edappagath, J
RESULT
Disposed Of
CASE NUMBER
Writ Appeal No. 764 Of 2021

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Judgment

15 paragraphs · 247 words

A.Muhamed Mustaque,J.

1.

This writ appeal has arisen from the judgment of the learned Single Judge challenging the transfer of the appellant/petitioner from the Early Cancer

Detection Centre, Ernakulam to Regional Cancer Centre Thiruvananthapuram. The learned Single Judge has passed a detailed order dismissing the

writ petition.

2.

The learned counsel for the appellant Sri. Elvin Peter submits that the appellant is undergoing infertility treatment at CIMAR Hospital, Edappally,

and as part of the treatment, she has to remain at Ernakulam along with her husband. It is submitted that the appellant be given at least 8 months' time

to join at Thiruvananthapuram.

3.

Learned Standing Counsel Sri. Athul Shaji submits that the petitioner/appellant herself had requested for time to join at Thiruvananthapuram until

June, 2021 and therefore there is no merit in her contention.

4.

The learned counsel for the appellant clarified by submitting that such a request was made pursuant to the dismissal of the writ petition and

apprehending initiation of disciplinary proceedings. The individual concerns of the employee had to be addressed by the employer. Whether she may

be permitted to remain at Ernakulam or not, on account of her treatment in the peculiar circumstances, may be considered by the Director within a

period of three weeks from today after hearing the appellant. The Director may facilitate the hearing through online mode. Till such consideration, she

shall be permitted to continue at the present station.

The writ appeal is disposed of with the above observation.