Baby N vs The Child Development Project ...

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                 THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
         THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
                          WP(C) NO. 18260 OF 2022
PETITIONER:

              BABY N.,
              AGED 49 YEARS
              WORKER, CENTRE NO.88, OTTUCOMPANY ANGANWADI, R.S.ROAD,
              OTTAPALAM P.O., PALAKKAD DISTRICT, PIN-679 101, RESIDING
              AT KULAKUZHIYIL HOUSE, WARD XVI, PALAPPURAM P.O.,
              PALAKKAD DISTRICT, PIN-679 103.

              BY ADVS.
              M.V.BOSE
              VINOD MADHAVAN
              P.M.MAZNA MANSOOR



RESPONDENTS:

     1        THE CHILD DEVELOPMENT PROJECT OFFICER,
              DISTRICT WOMEN AND CHILD DEVELOPMENT OFFICE, OTTAPALAM
              BLOCK OFFICE BUILDING, OTTAPALAM P.O., PALAKKAD DISTRICT,
              PIN-679 001.

     2        ADDL. USHAKUMARI N.P.
              AGED 45 YEARS
              (SOUGHT TO BE IMPLEADED)

              BY ADV K.RAVI (PARIYARATH)



OTHER PRESENT:

              SUNIL KURIAKOSE-GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 18260 OF 2022                        2




                                      JUDGMENT

This writ petition is filed seeking the following reliefs:-

(i) declare that the writ petitioner is eligible and entitled to be transferred to the retirement vacancy in the post of worker at Anganwadi centre no:71 in Aapepuram at Ward XVI of the Ottapalam Municipality;

(ii) call for the entire records leading to Exhibit Pi and be pleased to quash the restrictive clause in Exhibit P1, barring transfer of writ petitioner for a year, by the issuance of a writ in the nature of certiorari or any other appropriate writ, direction or order;

(iii) issue a writ in the nature of mandamus or any other appropriate writ, direction or order commanding the respondent to grant transfer to the writ petitioner in the retirement vacancy in the post of worker at Anganwadi centre no:71 in Aapepuram at Ward XVI of the Ottapalam Municipality;

2. Heard the learned counsel for the petitioner, the learned Government Pleader and the learned counsel appearing for the 2nd respondent.

3. It is submitted by the learned counsel for the petitioner that the petitioner had requested for a transfer against the retirement vacancy in Anganwadi centre No.71 located in the same ward as the residence of the petitioner. The complaints and the grievances of the petitioner had also been placed before the respondents, but without considering the same, the vacancy is being filled up.

4. An interim order had been granted on 6/6/2022. Since the Government Pleader did not get instructions and the interim order was extended.

5. A petition for impleading has been placed on record by the additional 2nd respondent stating that the 2nd respondent had been promoted by order dated 1/6/2022 and the interim order is standing in the way of her joining service.

6. In view of the contentions raised by the petitioner, I am of the opinion that the complaint raised by the petitioner cannot be considered in these proceedings by this court, especially, in view WP(C) NO. 18260 OF 2022 4 of the fact that the 2nd respondent stands appointed against the post to which the petitioner claims transfer by Ext.R2(a) order dated 1/6/2022. The writ petition itself was filed only on 6/6/2022.

In the above view of the matter, the interim order is vacated. In case the petitioner has any complaints and any claims with regard to posting at Anganwadi Centre No.71 of Ottapalam Muncipality, it is for the petitioner to approach the appropriate authorities, who shall look into the complaints, if any. In case the petitioner approaches the 1st respondent with a representation within a week, the same shall be considered within a month thereafter.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE ska WP(C) NO. 18260 OF 2022 5 APPENDIX OF WP(C) 18260/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER NO.257/21 DATED 07.07.2021 IN THE PROCEEDINGS OF THE CHILD DEVELOPMENT PROJECT OFFICER, OTTAPALAM. RESPONDENT EXHIBITS Exhibit R2(A) TRUE COPY OF THE ORDER ISSUED AT THE INSTANCE OF THE 1ST RESPONDENT PROMOTING THE 2ND RESPONDENT TO THE POST OF WORKER ANGANWADI CENTRE NO.71 IN AAPEPURAM AT WARD XVI OF THE OTTAPALAM MUNICIPALITY, DATED 01-06-22. Exhibit R2(B) TRUE COPY OF THE LETTER WITH NO.F.NO.1-9/2006-

CD.1 ISSUED BY THE GOVERNMENT OF INDIA, MINISTRY OF WOMEN AND CHILD DEVELOPMENT DATED 06-10-06.

Exhibit R2(C) TRUE COPY OF G.O.(MS)NO.254/2018/S.J.D.

THIRUVANANTHAPURAM DATED 30-04-18.

Exhibit R2(D) TRUE COPY OF THE LETTER NO.SJD-B2/406/2019-

SJD, THIRUVANANTHAPURAM, DATED 22-02-20.