IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 19TH AUGUST 2009 / 28TH SRAVANA 1931 WP(C).No. 18924 of 2009(I) ----------------------------------------- PETITIONER(S): ------------------------ SUPRABHA VAMADEVAN, ABHA NIVAS, MANAMBUR, KAVALAYOOR P.O., MANAMBUR VILLAGE, THIRUVANANTHAPURAM. BY ADV.MR.P.GOPINATH RESPONDENT(S): ---------------------------- 1. THE DISTRICT SOCIAL WELFARE OFFICER, THIRUVANANTHAPURAM. 2. THE PROJECT OFFICER, I.C.D.S.OFFICE, VARKALA. 3. THE MANAMBUR GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, MANAMBUR, THIRUVANANTHAPURAM DISTRICT. 4. SMT.VINEETHA, TEACHER, ANGANVADI NO.60, PANTHADIVILA, MANAMBUR P.O., THIRUVANANTHAPURAM. R1 & R2 BY SR. GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss P.N.RAVINDRAN, J. ----------------------------- W.P(C) No. 18924 of 2009-I ------------------------------ Dated this the 19th day of August, 2009. J U D G M E N T Heard Sri.P.Gopinath Menon, the learned counsel appearing for the petitioner and Smt.Anu Sivaraman, the learned Senior Government Pleader appearing for respondents 1 and 2. In the nature of the order that I propose to pass, it is not necessary to issue notice to or hear respondents 3 and 4. 2. The petitioner, an Anganavadi Helper working in Anganavadi No.60 run by the third respondent Panchayat was transfered to Anganavadi No.175. Later, on her application she was transferred back to Anganavadi No.60 as per Ext.P1 order dated 24.1.2009 issued by the first respondent. Pursuant to Ext.P1, the second respondent issued Ext.P2 order dated 16.2.2009 directing that as and when the petitioner joins duty in Anganavadi No.60, Smt.Geetha, the Anganavadi Helper in Anganavadi No.60 will join duty in Anganavadi No.175. When these orders were not implemented, the petitioner filed Ext.P3 representation before the Circle Inspector of Police, Varkala seeking his help to join duty in Anganavadi No.60. She also moved the Kerala Lok Ayukta. The said application was dismissed. This writ petition is thereafter filed seeking a writ in the nature of mandamus commanding the official respondents to W.P(C) No. 18924 of 2009-I 2 permit the petitioner to rejoin duty in Anganavadi No.60. 3. The second respondent has filed a statement wherein it is stated that Ext.P2 order was later cancelled by Ext.R2(a) order dated 19.2.2009. It is stated that the petitioner was transferred out of Anganavadi No.60 based on the complaints levelled against her and that the Panchayat committee had reported that the petitioner was using obscene language in the presence of children, was constantly quarrelling with her co-workers and did not ensure hygene in the preparation of food and washing of utensils. It is stated that the committee of the Panchayat therefore resolved unanimously to request the authorities concerned to transfer the petitioner from Anganavadi No.60. It is also stated that nothing stands in the way of the petitioner from joining duty in Anganavadi No.175. 4. I have considered the submissions made at the Bar by the learned counsel appearing on either side. Since what the petitioner seeks is essentially implementation of Ext.P2 order, which stands cancelled, the said relief cannot be granted. However the fact remains that the petitioner is left without any employment. She comes from a very poor family, her husband is deaf and dumb and she has four children to look after. It is evident from the pleadings that a vacancy of Helper exists in Anganavadi No.175 run by the third respondent Panchayat. Since the W.P(C) No. 18924 of 2009-I 3 entitlement of the petitioner to work in Anganavadi No.175, is not in dispute, I am of the opinion that the official respondents should permit her to join duty in Anganavadi No.175. The petitioner can after she joins duty in Anganavadi No.175 move the competent authority seeking transfer to an Anganavadi nearer to her home, other than Anganvadi No.60. I accordingly dispose of this writ petition with a direction to respondents 1 and 2 to post the petitioner in Anganavadi No.175. I also direct that if the petitioner joins duty in Anganavadi No.175 and thereafter submits an appropriate representation seeking transfer and posting to an Anganvadi nearer to her home, the official respondents shall consider the same and take a decision thereon expeditiously and in any event within three months from the date on which such a representation is received from the petitioner. Sd/- P.N.RAVINDRAN JUDGE //True Copy// PA to Judge ab