Petitioner challenged her re-posting to Pappathichola Anganwadi after contesting elections. Court held writ is inappropriate and disposed of petition, directing Government to consider her representation with an opportunity of hearing.
Petitioner directed to approach Government with representation; addl. R4 to consider case.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE SMT. JUSTICE P.V.ASHA
TUESDAY, THE 20TH DAY OF FEBRUARY 2018 / 1ST PHALGUNA, 1939
WP(C).No. 5426 of 2018
PETITIONER:
VALLIYAMMAL,AGED 48 YEARS, W/O.ARUL DAS, KARUPPAN COLONY,SURYANELLY P.O., IDUKKI DISTRICT - 685 618.
BY ADVS.SRI.ANOOP.V.NAIR SRI.V.K.SREEJITH SRI.M.V.SURESH (KANNUR) SRI.V.MANOJKUMAR SMT.M.SRUTHI DAS
RESPONDENT(S):
1. THE DIRECTOR OF SOCIAL JUSTICE DEPARTMENT, DIRECTORATE OF SOCIAL JUSTICE, SAMUHYAKSHEMA BHAVAN, POOJAPPURA, THIRUVANANTHAPURAM - 695 012
2. THE PROJECT OFFICER, INTEGRATED CHILD DEVELOPMENT PROJECT, DEVIKULAM P.O., IDUKKI - 685 613.
3. T.MURUKESWARI,AGED 39 YEARS, W/O.RADHAKRISHNAN, HOUSE NO.II/259, UPPER SURYANELLY ESTATE, FACTORY DIVISION, SURYANELLI P.O., IDUKKI DISTRICT - 685 618.
*** ADDL.R4 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, SOCIAL JUSTICE DEPARTMENT, GOVERNMENT SECRETATIAT, THIRUVANANTHAPURAM-695 001**
R1 & R2 BY SENIOR GOVERNMENT PLEADER SRI.BIJOY CHANDRAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-02-2018,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PBS
WP(C).No. 5426 of 2018 (C)
APPENDIX
PETITIONER(S)' EXHIBITS
EXT.P1: TRUE COPY OF RELEVANT PAGE OF THE APPOINTMENT ORDER ISSUED TO THE PETITIONER DATED 01/08/1984 AND THE SUBSEQUENT LETTER DATED 27/07/1984. EXT.P2: TRUE COPY OF THE ORDER DATED 17/06/2016 BEARING NO.A1-54/2016 EXT.P3: TRUE COPY OF MINITES OF THE MEETING DATED 13/01/2017 PASSED BY THE PANCHAYAT COMMITTEE CHINNAKKANAL GRAMA PANCHAYAT, DATED 18/01/2017. EXT.P4: TRUE COPY OF ORDER ISSUED BY THE 2ND RESPONDENT DATED 27/01/2017. EXT.P5: TRUE COPY OF JUDGMENT DATED 20/10/2017 IN WPC.NO.7661/2017 EXT.P6: TRUE COPY OF ORDER DATED 16/01/2018 PASSED BY THE FIRST RESPONDENT IN THE MATTER OF TRANSFERRING THE PETITIONER. EXT.P7: TRUE COPY OF REPRESENTATION SUBMITTED BEFORE THE 2ND RESPONDENT. EXT.P8: TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS NIL
/TRUE COPY/
PA TO JUDGE
PBS
P.V.ASHA J.
-----------------------------------W.P.(C).No.5426 of 2018
------------------------------------- Dated this the 20th day of February, 2018
J U D G M E N T
Petitioner has filed this writ petition,
aggrieved by her transfer ordered in Ext.P6, by which
she has been posted back to Pappathichola Anganwadi from Nadupperattu Anganwadi, simultaneously, posting the 3rd respondent in her place. Aggrieved by her transfer, pointing out that petitioner was re-posted
after she availed leave for contesting Panchayath Election; that her husband is bed-ridden, etc., petitioner has submitted Ext.P8 representation addressed to the Director of Social Justice
Department.
submits that the order Ext.P6 is passed in tune with
W.P.(C).No.5426 of 2018
2
the direction issued by the Director of Women and Child Development as seen from Ext.P6 order itself and that the appropriate authority for the petitioner to approach is the Government.
is free to approach the Government with a representation.
The writ petition is disposed of, directing the addl.4th respondent to consider the case of the
petitioner, in case the petitioner submits a representation within a period of 'two weeks' from the date of receipt of a copy of the judgment and to pass orders on it, after affording an opportunity of hearing to the petitioner as well as the 3rd respondent, within a further period of six weeks.
AS
2 issues framed by the court
Whether the Appangwadi teacher is entitled to challenge her transfer order via writ petition.
Whether appropriate remedy for transfer complaints lies before the Government via representation.
Valliymal
Director of Social Justice Department
The Project Officer, Integrated Child Development Project
T.Murukeswari
State of Kerala
P.V.Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
