High Court of KeralaWP(C)/35681/2015disposed of

Jayasree T.S. v. The Child Development Project Officer

2015-12-09Honourable Mr.Justice K.Vinod Chandran4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN WEDNESDAY, THE 9TH DAY OF DECEMBER 2015/18TH AGRAHAYANA, 1937 WP(C).No. 35681 of 2015 (I) ---------------------------- PETITIONER:

------------------ JAYASREE T.S., AGED 53 YEARS W/O.VIJAYAN K.S.

SREEVALSAM, KIZHAKKEDESOM DESOM P.O.

ERNAKULAM DISTRICT-683 102.

BY ADVS.SRI.R.GIRISH SRI.BIJU K.VAVA RESPONDENTS:

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

1. THE CHILD DEVELOPMENT PROJECT OFFICER OLLUKARA, THRISSUR-680306.

2. THE ASSISTANT DIRECTOR ERNAKULAM ZONE, SOCIAL WELFARE DEPARTMENT ERNAKULAM-682 030.

3. THE DIRECTOR SOCIAL WELFARE DEPARTMENT THIRUVANANTHAPURAM-695 001.

BY GOVERNMENT PLEADER SMT. A LOWSY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 35681 of 2015 (I) APPENDIX PETITIONER'S EXHIBITS:- ----------------------------------- EXHIBIT P1 :

COPY OF THE ORDER NO.ICDS/PZR/7/87 DATED 11-02-1988 OF THE CHILD DEVELOPMENT PROJECT OFFICER, PAZHAYANNUR.

EXHIBIT P2 :

COPY OF THE APPLICATION DATED 09-09-2013.

EXHIBIT P3 :

COPY OF THE ORDER NO.RAD/EKM/254/15 DATED 06-10-2015. EXHIBIT P4 :

COPY OF THE ORDER NO.RAD/EKM/254/15 DATED 16-11-2015. RESPONDENTS' EXHIBITS:- NIL --------------------------------------- //TRUE COPY// P.A. TO JUDGE sp

K. VINOD CHANDRAN, J.

--------------------------------------- W.P(C). No.35681 of 2015-I --------------------------------------- Dated this the 9th day of December, 2015.

JUDGMENT

The petitioner is aggrieved with Ext.P4 cancellation of the transfer made as per Ext.P3. The Government had issued various orders with respect to the service of Anganwadi Workers. All of which were cancelled by G.O.(MS) No.31/2012/SWD dated 30/05/2012. A challenge raised against the said G.O. was successfully considered by this Court in W.P(C). No.16071 of 2015. Following the said judgment, G.O.(MS) No.82/2010/SWD dated 24.11.2010 regulating the transfer of Anganwadi workers is revived, after G.O. of 2012 was set aside. The Department passed Ext.P3 order in accordance with the said G.O.

W.P(C). No.35681 of 2015-I

2. The learned Government Pleader submits that, since the Government had not issued any clarification, it was cancelled as per Ext.P4. It is also submitted that the Government has now issued clarifications, based on which the transfer request of the petitioner could be considered. The transfer hence shall be considered afresh in accordance with the judgment of this Court, deeming the G.O. with respect to transfers as having revived. Ext.P5 shall not stand in the way of such consideration.

The writ petition is disposed of.

K. VINOD CHANDRAN, JUDGE sp/09/12/15