IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 2ND JULY 2010 / 11TH ASHADHA 1932 WP(C).No. 16853 of 2010(F) -------------------------- PETITIONER(S): --------------- M.SREELATHA AMMA,W/O.RAVEENDRAN PILLAI, AGED 54 YEARS, CHILD DEVELOPMENT PROJECT OFFICER, PANDALAM, PATHANAMTHITTA DISTRICT, RESIDING AT SOURABHYA, ADITYA NAGAR 159, VADAKEVILA P.O., KOLLAM-10. BY ADV. SMT.REKHA VASUDEVAN SMT.ANSU COTTAGIRI VARGHESE SMT.VINITHA.B RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF SOCIAL WELFARE, SECRETARIAT, THIRUVANANATHAPURAM. 2. THE DIRECTOR OF SOCIAL WELFARE, VIKAS BHAVAN, THIRUVANANTHAPURAM. 3. SMT.S.SHOBANAKUMARI, CHILD DEVELOPMENT PROJECT OFFICER, ICDS, ANCHALUMOODU, KOLLAM. 4. SMT.J.SARALA, CHILD DEVELOPMENT PROJECT OFFICER, ICDS, PUNALUR, KOLLAM. 5. SMT.N.P.VIJAYALAKSHMI, CHILD DEVELOPMENT PROJECT OFFICER, MUKHATHALA, KOLLAM. GOVERNMENT PLEADER SRI. ANTONY MUKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 16853 of 2010 APPENDIX EXHIBITS EXT.P1- TRUE COPY OF THE REPRESENTATION DATED 7.1.10 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT EXT.P2- TRUE COPY OF THE G.O.(P).12/04/P&ARD DATED 10.9.04 ISSUED BY THE DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS EXT.P3- TRUE COPY OF THE ORDER NO.E1/56814/09 DATED 19.5.10 ISSUED BY THE 2ND RESPONDENT EXT.P4- TRUE COPY OF THE APPEAL DATED 24.5.10 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT (TRUE COPY) P.A TO JUDGE ANTONY DOMINIC, J ------------------- W.P.(C).16853/2010 -------------------- Dated this the 2nd day of July, 2010 JUDGMENT Petitioner is a Child Development Project Officer presently working at Pandalam. She is attaining the age of superannuation on 30.11.2010. Claiming the benefit of Clause 13 of Ext.P2 providing that employees who have less than two years to retire will be posted at stations of their choice, she made Ext.P1 application dated 7.1.2010. In this application, which was submitted before the General Transfer, 2010, petitioner requested for a posting at Anchalumoor, Kollam, Punalur or at Mukhathala. 2. However Ext.P3 General Transfer order was issued retaining the petitioner at Pandalam and posting respondents 3 to 5 in the stations opted by the petitioner in Ext.P1 application. It is stated that the 5th respondent who is posted at Kukhathala, is also attaining the age of superannuation in February, 2011 and she had opted for a posting at Thiruvananthapuram. Aggrieved W.P.(C).16853/10 2 by Ext.P3, posting the 5th respondent at Mukhathala, she has filed an appeal before the 1st respondent and that the appeal is pending. 3. In the meanwhile, aggrieved by Ext.P2, insofar as the choice indicated by the petitioner in Ext.P1 were overlooked, petitioner has also filed Ext.P4 appeal before the 1st respondent and that also is pending. It is in these circumstances, the writ petition has come up for hearing. 4. Presently petitioner seeks only a posting at Mukhathala where the 5th respondent is now posted. In view of the pendency of the appeal filed by the 5th respondent seeking a transfer to Thiruvananthapuram, petitioner submits that if the 5th respondent does not want a posting at Mukhathala, her claim is liable to be considered. 5. Having regard to the fact that Ext.P4 appeal filed by the petitioner and also the appeal filed by the 5th respondent are W.P.(C).16853/10 3 pending before the 1st respondent, I feel that this is a matter for the 1st respondent to consider and if possible redress the grievance of the parties to the extent possible. Therefore I direct the 1st respondent to consider Ext.P4 and also the appeal stated to have been filed by the 5th respondent. This shall be done with notice to the parties and as expeditiously as possible, at any rate within eight weeks of production of a copy of this judgment. 6. Petitioner shall produce a copy of this judgment along with the copy of this writ petition before the 1st respondent for compliance. Writ petition is disposed of as above. ANTONY DOMINIC, Judge mrcs