IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 11TH FEBRUARY 2008 / 22ND MAGHA 1929 WP(C).No. 4199 of 2008(Y) PETITIONER: ---------------- P.K.LOVELY, W/O.LATE KUMARAN M.R., QUARTERS NO.VI/25A, OLLOOKKARA P.O., MANNUTHI, TRICHUR DISTRICT. BY ADV. SMT.T.C.SOWMIAVATHY RESPONDENTS: ------------------ 1. SECRETARY TO GOVT. OF KERALA, DEPARTMENT OF AGRICULTURE, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF AGRICULTURE, THIRUVANANTHAPURAM. 3. RURAL DEVELOPMENT COMMISSIONER, AGRICULTURE DEPARTMENT, THIRUVANANTHAPURAM. 4. PRINCIPAL R.ASOKAN, EXTENSION TRAINING CENTRE, AGRICULTURAL DEPARTMENT, MANNUTHI, TRICHUR DISTRICT. BY GOVERNMENT PLEADER SRI.BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ------------------------- W.P.(C).No.4199 of 2008 ------------------------- Dated this the 11th day of February, 2008. JUDGMENT The petitioner was working as Farm Supervisor in the Extension Training Centre, Mannuthy, coming under the Rural Development Department. Apparently, while working as Farm Supervisor, she became ill on account of certain chronic illness in her back and she had to undergo treatment for a long period. She submits, she even had to sell her house to meet the treatment expenses. She refers to the medical certificate produced in this regard. She submits that, unfortunately, the 4th respondent, the Principal of the Extension Training Centre developed an antagonistic attitude towards her. She had submitted Ext.P3 representation before the 3rd respondent Rural Development Commissioner, pointing out these aspects. Pending orders on Ext.P3, she has now been transferred back to her parent department, Agricultural Department, under Ext.P4, which is under challenge in this writ petition. W.P.(C).No.4199 of 2008 2 2. Learned Government Pleader, on instructions, submits that the petitioner was relieved by order dated 31.1.2008. This fact is repudiated by learned counsel for the petitioner. Apparently, Ext.P4 is in consequence of the decision taken by the 3rd respondent, not to have the post of Farm Supervisor in the Mannuthy Extension Training Centre. It is not a case where the petitioner is transferred while the post is continued to be retained. 3. I have gone through the averments in the writ petition and I have heard learned counsel for the petitioner. 4. It is true that the petitioner's personal reasons merit sympathetic consideration by the Government. But if the transfer of the petitioner due to repatriation to the Agricultural Department, it may not be possible to retain her in the present station where there is no post. In my view, taking into account all the facts pleaded by the petitioner in Ext.P4, especially with reference to Ext.P5, the issue requires consideration by the Government. W.P.(C).No.4199 of 2008 3 5. In the result, the writ petition is disposed of in the following terms: (a) Petitioner may point out these aspects in a representation to be filed before the Secretary to Government, Rural Development Department, inter alia, urging that the post of Farm Supervisor may be restored in the Extension Training Centre at Mannuthy and also urging that she may be retained there. (b) If such a representation is filed within two weeks from today, the Secretary, Department of Rural Development, shall look into it and take a decision thereon, untrammelled by Ext.P4, within a period of four weeks from the date of receipt of the representation. (c) It is made clear that the decision to be taken by the Secretary, Rural Development Department shall not be influenced by the fact that the petitioner has been repatriated back to the Agricultural Department, pending decision on the petitioner's representation. (d) Petitioner may independently file another representation before the 1st respondent seeking a posting in the vicinity of W.P.(C).No.4199 of 2008 4 Mannuthy and if it is so done within two weeks from today, expeditious orders may be passed by the 1st respondent taking specific note of the petitioner's physical disabilities, within a period of three weeks from the date of receipt of the representation. (e) Petitioner may independently produce a copy of this judgment, along with a copy of the writ petition before the 1st respondent as also before the Secretary, Rural Development Department. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. To Judge