Leela Viswanathan vs State Of Kerala
2021 Latest Caselaw 1666 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

     FRIDAY, THE 15TH DAY OF JANUARY 2021 / 25TH POUSHA, 1942

                        WP(C).No.810 OF 2021(A)


PETITIONER:

               LEELA VISWANATHAN,
               AGED 61 YEARS,
               W/O. VISWANATHAN, ANGANWADI WORKER, CENTRE NO. 62,
               EDAKKAD, KANJIKUZHI PANCHAYAT, IDUKKI DISTRICT,
               RESIDING AT AREEKKAL HOUSE, AMALANAGAR, MANJAPPARA
               (ASOKA), MANIPPARA P.O, IDUKKI DISTRICT-685 602

               BY ADVS.
               SRI.M.P.KRISHNAN NAIR
               SMT.RAJESWARI KRISHNAN
               SMT.SEEMA KRISHNAN
               SHRI.NANDAKUMAR K.
               SRI.C.SIVADAS

RESPONDENTS:

      1        STATE OF KERALA,
               REP. BY SECRETARY,
               WOMEN AND CHILD DEVELOPMENT DEPARTMENT,
               MAIN BLOCK, SECRETARIAT, THIRUVANANTHAPURAM-695 001

      2        THE DIRECTOR,
               WOMEN AND CHILD DEVELOPMENT DEPARTMENT,
               IDUKKI DISTRICT-685 603

      3        THE DIRECTOR,
               DEPARTMENT OF SOCIAL WELFARE,
               SECRETARIAT, THIRUVANANTHAPURAM-695 001

      4        THE DISTRICT SOCIAL WELFARE OFFICER,
               IDUKKI DISTRICT-685 603

      5        THE CHILD DEVELOPMENT PROJECT OFFICER,
               INTEGRATED CHILD DEVELOPMENT OFFICE,
               IDUKKI DISTRICT OFFICE, THODUPUZHA-685 584

      6        BINDU RADHAKRISHNAN,
               AGED 35 YEARS,
               ANGANWADI WORKER, CENTRE NO. 159, THOTTIKKANAM,
               VAZHATHOPPU PANCHAYAT, RESIDING AT KUNNEL HOUSE,
               MULAKUVALLY, THADIYAMPAD P.O, IDUKKI DISTRICT-685 602
 WP(C).No.810 OF 2021               -2-




OTHER PRESENT:

               GP BIJOY CHANDRAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.810 OF 2021                 -3-




                                JUDGMENT

Dated this the 15th day of January 2021

This writ petition is filed seeking the following

reliefs:

"i) To call for the entire records of the petitioners case and the 6th respondent and all action taken by the respondents on the basis of Ext.P1 and P2;

ii) To issue a writ of mandamus or any other appropriate writ, order or direction declaring that the action of the respondents in transferring the 6 th respondent to Centre No.37, Manjappara ignoring the request of the petitioner is highly illegal, arbitrary, malafide in nature, discriminatory in character, ab initio void, unjust, unfair, unreasonable and unsustainable;

iii) To issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents 2 to 5 to transfer the petitioner to Centre No.37, Manjappara, Vazhathoppu Panchayat in the existing retirement vacancy considering her long service and retirement on 30-04-2023;

iv) To issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents 2 to 5 to consider and dispose of Ext.P1 and P2 submitted by the petitioner requesting to

transfer her to Anganwadi Centre No.37, Manjappara, Vazhathoppu Panchayat"

2. Heard the learned counsel for the petitioner and

the learned Government Pleader.

3. It is submitted by the learned counsel for the

petitioner that the petitioner's request for a transfer to

Anganwadi Centre No.37 of the Vazhathoppu Grama

Panchayat is pending before the 5th respondent and that

the issue is liable to be considered before the vacancy

available there is filled up. It is submitted that the

petitioner has only 23 months to retire from the service

and that the request may be considered sympathetically.

It is further contended that the 6th respondent is going to

be appointed at Centre No.37.

4. Having considered the contentions advanced, I

am of the opinion that it is for the Child Development

Project Officer, Idukki to take an appropriate decision in

the request made by the petitioner. The issue with regard

to the eligibility of the petitioner for the transfer shall be

considered sympathetically taking note of the fact that the

petitioner is due to retire from service shortly. The

petitioner as well as the 6 th respondent shall be put on

notice and heard before orders are passed as directed

above. Orders shall be passed within a period of one

month from the date of receipt of a copy of this judgment.

The petitioner shall make available a copy of this

judgment along with a copy of the writ petition before the

Child Development Project Officer, Idukki for proper

compliance. Till such time as orders are passed as

directed above, the vacancy available in Centre No.37

shall not be permanently filled up.

Sd/-

ANU SIVARAMAN

JUDGE

vv

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER FOR TRANSFER.

EXHIBIT P2 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER FOR TRANSFER.