IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 19TH OCTOBER 2011 / 27TH ASWINA 1933 WP(C).No. 27749 of 2011(P) --------------------------------------- PETITIONER(S): ----------------------- KAVITHA. U, ASSISTANT DIRECTOR OF AGRICULTURE, NENMARA, PALAKKAD DISTRICT, RESIDING AT: POURNAMI, ARACKAL, THIRUNAKKARA (NORTH), KOTTAYAM-686 001. BY ADV. SRI.MURALI PURUSHOTHAMAN, SRI.DEEPU LAL MOHAN, SMT.S.LEENA. RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, AGRICULTURE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR OF AGRICULTURE, DIRECTORATE OF AGRICULTURE, VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN-695 001. R1 & R2 BY GOVT. PLEADER MR.LIJU STEPHEN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 27749 of 2011(P) APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1- THE PHOTOCOPY OF THE REPRESENTATION DATED 15.6.2011 SUBMITTED BY THE PETITIONER'S FATHER IN LAW BEFORE THE HON'BLE MINISTER FOR AGRICULTURE. EXHIBIT P2- THE PHOTOCOPY OF G.O.(RT)NO.1740/11/AD DATED 23.9.2011 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P3- THE PHOTOCOPY OF THE INTERIM ORDER IN WP(C) NO. 25544/2011 OF THIS HON'BLE COURT. EXHIBIT P4- THE PHOTOCOPY OF THE LETTER NO.E1-8745/11 DATED 27.9.2011 OF THE PRINCIPAL AGRICULTURAL OFFICER, KOTTAYAM. EXHIBIT P5- THE PHOTOCOPY OF THE LETTER DATED 28.9.2011 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P6- THE TRUE COPY OF THE LETTER DATED 3.10.2011 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P7- THE PHOTO COPY OF THE COUNTER AFFIDAVIT (WITHOUT EXHIBITS) FILED BY THIS PETITIONER IN WP(C) NO.25544/2011. EXHIBIT P8- THE PHOTOCOPY OF G.O(RT)NO.1837/11/AD DATED 11.10.2011 ISSUED BY THE IST RESPONDENT. EXHIBIT P9- THE PHOTOCOPY OF THE REPORT OF TRANSFER OF CHARGE DATED 14.10.2011 WITH REGARD TO TAKING OF CHARGE BY THE PETITIONER AS ASSISTANT DIRECTOR OF AGRICULTURE, NENMARA. EXHIBIT P10- THE PHOTOCOPY OF THE REPRESENTATION DATED 14.10.2011 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.S. TO JUDGE rs K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 27749 OF 2011 ----------------------------------------------------------- Dated this the 19th October, 2011. JUDGMENT The petitioner who is presently working as Assistant Director of Agriculture, Nenmara in Palakkad district has filed this writ petition challenging Ext.P8 order by which a transfer granted to her on request has been cancelled. While working as the Assistant Director of Agriculture, the petitioner was promoted and posted as the Superintendent, District Agricultural Farm, Thaliparamba, Kannur district. The petitioner being a native of Kottayam district had requested for a transfer to her home station. Accordingly, as per Ext.P2 order dated 23-9-2011 she was posted as the Assistant Soil Chemist, Mobile Soil Testing Laboratory, Kozha, Kottayam district. One Regimol Mathew who was working at Kozha, Kottayam district was transferred to Nenmara, Palakkad. The said person immediately challenged the order of transfer in WP(C)25544/2011 and as per Ext.P3 interim order, this Court granted a stay of her transfer to Nenmara. The stay is still continuing. 2. The petitioner had, in the meantime been relieved from Thaliparamba in Kannur. Therefore, Ext.P8 order has now been issued cancelling the order transferring her to Kottayam district WPC 27749/2011 2 and she has been posted to Nenmara in Palakkad district. The petitioner is aggrieved by the cancellation of her order of transfer, which was granted to her considering the extreme hardships faced by her at a place far away from her home station. The petitioner has therefore submitted Ext.P10 representation setting out her grievances in detail. The petitioner seeks the issue of appropriate directions to the first respondent for consideration of Ext.P10 on an early date. 3. I have heard the learned Govt. Pleader also. 4. Since the grievances of the petitioner are engaging the attention of the first respondent, it is sufficient that this writ petition is disposed of directing the said representation to be considered and disposed of in accordance with law. 5. This writ petition is accordingly disposed of directing the first respondent to consider the representation of the petitioner, evidenced herein by Ext.P10, in accordance with law and to pass appropriate orders thereon, as expeditiously as possible and at any rate within a period of six weeks from the date of receipt of a copy of this judgment, after hearing the petitioner also. Sd/- K. SURENDRA MOHAN Judge jj P.S.to Judge WPC 27749/2011 3