IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 16TH AUGUST 2011 / 25TH SRAVANA 1933 WP(C).No. 22222 of 2011(C) -------------------------------------- PETITIONER(S): ------------------------ S. RAJAN, SON OF M. SOMAN, AGED 51 YEARS, WEAVING INSTRUCTOR,GOVERNMENT SPECIAL HOME, THIRUVANANTHAPURAM. BY ADV. SRI.V.A.MUHAMMED, SRI.V.RAJASEKHARAN NAIR. RESPONDENT(S): -------------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, SOCIAL WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR OF SOCIAL WELFARE DEPARTMENT, THIRUVANANTHAPURAM-695 001. 3. THE SUPERINTENDENT, GOVERNMENT SPECIAL HOME, THIRUVANANTHAPURAM-695 001. R1 TO R3 BY GOVT. PLEADER MR.SANDESH RAJA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 22222 of 2011(C) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER NO.E8-6409/10 OF THE 2ND RESPONDENT. EXT.P2: COPY OF THE EXTRACT OF KERALA JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) RULE 2003. EXT.P3: COPY OF THE ORDER NO.E8-25547/2011 OF THE 2ND RESPONDENT. EXT.P4: COPY OF THE G.O.(P) NO.12/04/P&ARD OF THE GOVERNMENT. EXT.P5: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE rs C.T.RAVIKUMAR, J. ---------------------------- W.P.(C)No.22222 of 2011 ---------------------------- Dated 16th August, 2011 JUDGMENT The petitioner commenced his service as Weaving Instructor in Social Welfare Department in 1986 and as per order dated 8.9.2010 he was transferred and posted to Government Special Home, Thiruvananthapuram. While continuing as such Ext.P3 order has been issued whereby the post held by the petitioner was shifted to Vocational Training Centre, Kozhikode and consequently the petitioner was ordered to be transferred to Vocational Training Centre Kozhikode. It is challenging the said order of transfer that this writ petition has been filed. Various contentions have been raised by the petitioner to assail Ext.P3. Evidently, Ext.P3 order has been issued by the Head of the Department who is the second respondent. I am of the view that since the order of transfer has been issued by the Head of the Department it will be open to the petitioner to move the first respondent in case the petitioner is having any grievance against Ext.P3 order. 2. I have heard the learned counsel appearing for the petitioner and also the learned Government Pleader. 3. The learned Government Pleader submitted that a perusal of Ext.P3 itself would reveal that the transfer of the petitioner was WP(C).No.22222/2011 2 necessitated on account of the shifting of the very post held by the petitioner to Vocational Training Centre, Kozhikode. The petitioner has already moved the Government through Ext.P5 representation. Since the petitioner has already moved the Government through Ext.P5 and raised his grievances against Ext.P3 order, I do not think it necessary to consider the contentions raised in this writ petition on merits at this stage. In that view of the matter, this writ petition is disposed of with a direction to the first respondent to consider and pass orders on Ext.P5 representation expeditiously, at any rate, within a period of one month from the date of receipt of a copy of this judgment. Needless to say that person/persons likely to be affected shall also be put on notice before passing orders on Ext.P5. Sd/- C.T.RAVIKUMAR Judge TKS