IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 11TH DECEMBER 2009 / 20TH AGRAHAYANA 1931 WP(C).No. 35030 of 2009(W) -------------------------- PETITIONER(S): --------------- T.C.RADHA, COOK, PRE-METRIC HOSTEL(BOYS) MEENANGADI, WAYANAD DISTRICT. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF SCHEDULED TRIBE DEVELOPMENT, KERALA GOVERNMENT SECERTARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF SCHEDULED TRIBE DEVELOPMENT, DIRECTORATE OF SCHEDULED TRIBE DEVELOPMENT, THIRUVANANTHAPURAM. 3. SENIOR ADMINISTRATIVE OFFICER, DIRECTORATE OF SCHEDULED TRIBE DEVELOPMENT, THIRUVANANTHAPURAM. MR.P.N.SANTHOSH KUMAR, SPL. GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.35030/2009 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF ORDER NO.E4-16325/2009(2) DATED 23/11/2009. P2 : COPY OF RELEVANT PAGES OF ATTENDANCE REGISTER FOR THE MONTH OF OCTOBER, 2009. P3 : COPY OF G.O.(Rt.)316/90/SC.ST.DD. DATED 21/05/1990. P4 : COPY OF RELEVANT PAGES OF REPORT OF THE TRIBAL DEVELOPMENT OFFICER, SULTHANBETHERI ,SRI.V.SASEENDRAN CHETTIAR. P5 : COPY OF ORDER ISSUED BY THE TRIBAL EXTENSION OFFICER, CHEENGERI AS ORDER NO.140/04 DATED 12/07/2004. P6 : COPY OF LEAVE APPLICATION DATED 30/11/2009 SUBMITTED BY THE PETITIONER. P7 : COPY OF LEGAL NOTICE DATED 05/12/2009. // TRUE COPY // PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.35030 of 2009 (W) --------------------------------- Dated, this the 11th day of December, 2009 J U D G M E N T The petitioner is a Cook in Pre-Metric Hostel for Boys, Meenangadi. By Ext.P1 order, the petitioner was ordered to be transferred and posted to Pre-Metric Hostel for Boys, Puthuppady, Kazhikkode district. It is this order, which is under challenge in this writ petition. 2. At the admission, after hearing arguments, by order dated 04/12/2009, this Court granted a stay of the transfer order. However, it is complained that the petitioner is not allowed to resume duties pursuant to the said order. 3. When the matter was taken up today, the learned Government Pleader submitted that although the order was perfectly justified, the respondents have reconsidered the issue and are willing to permit the petitioner to continue at Meenangadi. However, it is pointed out that the lapse which was noticed and which led to the transfer, was not happening for the first time, and WP(C) No.35030/2009 -2- that therefore, the petitioner should express her apology for the lapses on her part. 4. True, there has not been any charge sheet or enquiry in the matter. But, however, Ext.P1 discloses certain lapses. Irrespective of the correctness or otherwise of the same, in order to maintain the cordial relationship between the parties, I think it is only appropriate that the petitioner makes an apology, so that her requirement to continue in the establishment shall be satisfied. 5. Therefore, this writ petition is disposed of directing that the petitioner will express her written apology before the 2nd respondent. This shall be done by the petitioner within 10 days from today. It is directed that the petitioner shall forthwith be permitted to continue in the Pre-Metric Hostel at Meenangadi. It is made clear that the period in between shall be regularised and shall not be taken as a break. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg