IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 12TH JANUARY 2010 / 22ND POUSHA 1931 WP(C).No. 926 of 2010(M) ------------------------ PETITIONER: --------------- K.THANKAMMA, COOK, PREMETRIC HOSTEL, SULTHAN BATHERY, MEENANGADI, WAYANAD. BY ADV. SRI.P.RAMAKRISHNAN RESPONDENTS: ------------------------ 1. THE TRIBAL DEVELOPMENT OFFICER, SULTHANBATHERY, WAYANAD. 2. THE PROJECT OFFICER, ITDP, WAYANAD. 3. THE SENIOR ADMINISTRATIVE OFFICER, DIRECTORATE OF SCHEDULE TRIBE DEVELOPMENT, THIRUVANANTHAPURAM. 4. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF SCHEDULE TRIBE DEVELOPMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY GOVT. PLEADER SHRI. P. SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 926 OF 2010 ----------------------------------------------------------- Dated this the 12th January, 2010. JUDGMENT The petitioner challenges Ext.P3 transfer by which she has been transferred from the Pre-metric Hostel at Sulthan Bathery to a Pre-metric Hostel in Iritty, Kannur district. The petitioner was working as a Cook in the Hostel. As per the report of the Tribal Development Officer who inspected the hostel on 29.11.2009, the petitioner was found to have left after signing the attendance register. His enquiries revealed that she used to be present in the hostel only till 5.30 p.m and that she would leave the hostel after that though the nature of her duties required her to stay in the hostel. It was considering the above facts that she has been moved from her present posting to Iiritty in Kannur district. 2. According to the counsel for the petitioner, the petitioner is a person who is due to retire in March 2011. She is also a person suffering from various ailments. She is a person belonging to a Scheduled Caste and on the basis of various Government Orders conferring benefits on her, she is not liable to be transferred. The petitioner has also pointed out a number of vacancies in paragraph 8 of the writ petition in Wayanad district. However, her complaint is WPC 926/2010 2 that the above aspects have not been taken into account by the third respondent while issuing Ext.P3. It is for the petitioner to point out her difficulties and also the existence of the vacancies referred to by her to the third respondent by making a proper representation to the said authority. The petitioner is permitted to make such a representation within one week. 3. If such a representation is made within the period stipulated above, the third respondent shall consider the same and pass appropriate orders thereon in accordance with law as expeditiously as possible and at any rate within a period of three weeks therefrom. The writ petition is disposed of with the above direction. The petitioner may produce a copy of the writ petition and a certified copy of this order before the third respondent for compliance. K. SURENDRA MOHAN Judge jj WPC 926/2010 3 K.K.DENESAN & V. RAMKUMAR, JJ. ---------------------------------------------------- M.F.A.NO: ----------------------------------------------------- JUDGMENT Dated: