Nurses' transfer stayed

The Court of Appeal has stayed the transfer of 53 nurses attached to the Cancer Hospital, Maharagama in an application for writs and certiorari and mandamus filed by two nurses unions, the All Ceylon Nurses Union and Independent Nurses Union.

Delivering the order President of the Court of Appeal Justice Sathya Hettige PC stated:

"The petitioners seek a Writ of Certiorari to quash the decision of the 1st respondent transferring 53 nurses attached to the Cancer Institute of Maharagama. Counsel submits that the 53 nurses referred to have been working as senior nurses in the Cancer Hospital, Maharagama and treating and nursing the cancer patients and also handling 'cytotoxic drugs' in the hospital.

Learned counsel further submits that the facilities which are essential to treat the cancer patients are not provided to the nurses.

The said nurses had been asking for facilities of the petition namely a special training course, a proper storage facilities for cytotoxic drugs which are used in the hospital for cancer treatment, the proper equipment, proper and training facilities for nurses in radio active treatment, proper training for nurses who are involved in injecting cytotoxic injections to cancer patients and also risk allowance for nurses who are engaged in the cancer patients treatments activities.

However, the respondents failed to provide the said facilities until the petitioners received the letter transferring the said 53 nurses. Learned counsel further submits that having taken the decision to transfer the senior nurses without reason, 25 student nurses on temporary basis have been assigned to work in the hospital from 16 to 31 July.

The Court has very carefully considered the grievances of the petitioners and the urgent need to retain the services of experienced 53 nurses who has been transferred, in the interest of cancer patients of the hospital.

Dr. Jayatissa de Costa with Edward Gunatillake, Chinthaka Siriwansa and H. Wijeratne appeared for the petitioners.