Sunitha Tr v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN TUESDAY, THE 27TH DAY OF OCTOBER 2015/5TH KARTHIKA, 1937 WP(C).No. 16071 of 2015 (H) ---------------------------- PETITIONERS:

--------------------

1. SUNITHA T.R., AGED 44 YEARS PARACKAL HOUSE, VELLOOR P.O., WORKER ANGANVADI, NO. 53 AT WARD NO. 18 KOTTAYAM MUNICIPALITY.

2. JAYASHREE C.T.

SHOONATTUMATTOM HOUSE, MUTTAMBALAM P.O., KOTTAYAM ANGANWADI NO. 62 AT WARD NO. 28.

BY ADV. SRI.P.BABU KUMAR RESPONDENTS:

----------------------

1. STATE OF KERALA REPRESENTED BY SECRETARY, SOCIAL JUSTICE DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

2. DIRECTOR, SOCIAL JUSTICE DEPARTMENT, VIKAS BHAVAN, 5TH FLOOR THIRUVANANTHAPURAM - 695 001.

3. CHILD DEVELOPMENT PROJECT OFFICER, PALLAM ADDITIONAL ICDP PROJECT OFFICE KUMARANELLOOR P.O., KOTTAYAM - 679 552.

BY GOVERNMENT PLEADER SMT.A. LOWSY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 16071 of 2015 (H) APPENDIX PETITIONERS' EXHIBITS :- EXHIBIT-P1 - COPY OF THE ORDER ISSUED BY THE IST RESPONDENT DATED 07/10/2010.

EXHIBIT-P2 - COPY OF THE GOVERNMENT ORDER DATED 10/11/2010. EXHIBIT-P3 - COPY OF THE ORDER ISSUED BY THE IST RESPONDENT DATED 24/11/2010.

EXHIBIT-P4 - COPY OF THE GOVERNMENT ORDER DATED 30/05/2012. EXHIBIT-P5 - COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT DATED 23/06/2014.

EXHIBIT-P6 - COPY OF THE RETIREMENT ORDER ISSUED BY THE ICDS PROJECT OFFICER PALLAM ADDITIONAL OFFICE DATED 30/04/2015.

EXHIBIT-P7 - COPY OF THE RECOMMENDATION LETTER ISSUED BY THE MUNICIPAL CHAIRMAN DATED 27/05/2015.

EXHIBIT-P8 - COPY OF THE REQUEST ISSUED BY THE MUNICIPAL CHAIRMAN TO THE CDPO DATED 27/05/2015.

EXHIBIT-P9 - COPY OF THE LETTER ISSUED BY THE MUNICIPAL COUNCILOR OF WARD NO. 18 DATED 25/04/2015.

EXHIBIT-P10 - COPY OF THE TRANSFER APPLICATION SUBMITTED BY THE IST PETITIONER DATED 27/05/2015.

EXHIBIT-P11 - COPY OF THE TRANSFER APPLICATION SUBMITTED BY THE 2ND PETITIONER DATED 27/05/2015.

RESPONDENTS' EXHIBITS:- EXT.R5(A) - COPY OF THE ORDER G.O.(MS) NO.82/2010/SWD DATED 24.11.2010.

EXT.R5(B) - COPY OF THE ORDER G.O.(MS) NO.31/2012/SWD DATED 30.05.2012.

EXT.R5(C) - COPY OF THE ORDER IN W.A. NO.1528/2010.

EXT.R5(D) - COPY OF THE INTERIM ORDER IN WP(C) NO.25614 OF 2009. //TRUE COPY// P.A. TO JUDGE sp

K. VINOD CHANDRAN, J.

--------------------------------------- W.P(C). No.16071 of 2015 --------------------------------------- Dated this the 27th day of October, 2015.

JUDGMENT

The petitioners are concerned with the non-consideration of Exts.P10 and P11 representations submitted before the 3rd respondent for transfer. The 3rd respondent is not considering the same only for reason of Ext.P4. Ext.P4 G.O. is said to have been set aside by judgment dated 24.10.2015 in WP(C) No.17850 of 2015 and connected cases. A reading of Ext.P4 indicates that there were many Government Orders passed by the Government regarding the incidence of service of Anganwadi workers, all of which stood cancelled by Ext.P4 G.O. By Ext.P4, inter alia G.O. (M.S.) No.82/2010/SWD dated 24.11.2010 also stood cancelled. The said Government Order is produced at Ext.P3. By virtue of the judgment aforecited, Ext.P4 stands set aside and Ext.P3 is

WP(C) No.16071 of 2015 revived.

In such circumstance, it is only proper that the 3rd respondent consider Exts.P10 and P11 in accordance with law. The same shall be done within three weeks from the date of production of the certified copy of this judgment. The writ petition is disposed of.

Sd/- K. VINOD CHANDRAN, JUDGE //True Copy// P.A. to Judge.

sp/29/10/15