IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 5TH AUGUST 2011 / 14TH SRAVANA 1933 WP(C).No. 21436 of 2011(D) -------------------------- PETITIONER: --------------- JAMEELA.M,CARE TAKER(FEMALE),GOVERNMENT CHILDREN'S HOME(BOYS),VELLIMADUKUNNU,KOZHIKODE- 673012,RESIDING AT MAMPATTA MANZIL,MERIKKUNNU, KOZHIKODE. BY ADV. SRI.P.R.SREEJITH SRI.M.PROMODH KUMAR RESPONDENTS: --------------- 1. THE DIRECTOR,DEPARTMENT OF SOCIAL WELFARE,THIRUVANANTHAPURAM,PIN-695001. 2. ABDURAHIMANKUTTY.M,CARETAKER(MALE), GOVERNMENT OBSERVATION HOME,KAKKANAD, ERNAKULAM,PIN-682030. 3. S.M.RAFI,CARE TAKED(MALE),GOVERNMENT CHILDREN'S HOME,RAMAVARMAPURAM,THRISSUR-680631. BY GOVERNMENT PLEADER, SMT. SMITHA SUKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 21436 of 2011(D) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF THE TRANSFER ORDER NO.E8/11377/2009 DATED 4.6.2009 OF THE 1ST RESPONDENT POSTING THE PETITIONER AT GOVERNMENT CHILDREN'S HOME(BOYS) KOZHIKODE EXT.P2 : TRUE COPY OF THE TRANSFER ORDER NO.E8/220/2011 DATED 2.8.2011 OF THE 1ST RESPONDENT POSTING THE PETITIONER AT GOVERNMENT CHILDREN'S HOME(GIRLS) ERNAKULAM RESPONDENTS' EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE jma C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C)No. 21436 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of August, 2011 J U D G M E N T The petitioner who is working as a Care Taker (female) in Government Children's Home (Boys), Vellimadukunnu filed this writ petition mainly challenging Ext.P2 order of transfer whereby she was transferred and posted to Government Children's Home(Girls), Ernakulam. The petitioner challenges Ext.P1 on various grounds. It is submitted that in case of implementation of Ext.P1 the number of female care takers in Government Children's Home(Girls), Ernakulam would become excess as the sanctioned strength of Care Takers therein is only six. The further contention of the petitioner is that she came to the Government Children's Home(boys), Vellimadukunnu only on the strength of transfer order No.E8/11377/2009 dated 4.6.2009 and as such, stayed there only for a period of two years. The further contention of the petitioner is that in case the petitioner is transferred from Government Children's Home(Boys) Vellimadukunnu, there would not be any female Care Taker in the said Children's Home. Going by the transfer norms in case, a transferee is WPC.No21436/2011 : 2 : aggrieved by the order of transfer and posting issued by the Head of the Department it would be open to that employee to take up the matter before the Government. Ext.P2 would reveal that it is passed by the Head of Department. In the said circumstances, the petitioner is given liberty to approach the Government raising grievances against Ext.P2 order passed by the first respondent as also her claims and contentions. The petitioner may do so, within a period of ten days from the date of receipt of copy of this judgment. In case, the petitioner prefers such a petition within the time stipulated above, the same shall be considered by the Government and pass appropriate orders shall be passed with notice to the respondents 2 and 3, as well. In case, the petitioner files such a petition, the same shall be considered in the aforesaid manner expeditiously, at any rate, within a period of six weeks from the date of receipt of copy of this judgment. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge