IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 11TH MARCH 2010 / 20TH PHALGUNA 1931 WP(C).No. 5750 of 2010(P) ------------------------- PETITIONER(S): --------------- K.THANKAMMA, COOK, PREMETRIC HOSTEL, SULTHAN BATHERY, MEENANGADI, WAYANAD. BY ADV. SRI.P.RAMAKRISHNAN RESPONDENT(S): --------------- 1. THE TRIBAL DEVELOPMENT OFFICER, SULTHANBATHERY, WAYANAD. 2. THE PROJECT OFFICER, ITDP, WAYANAD. 3. THE SENIOR ADMINISTRATIVE OFFICER, DIRECTORATE OF SCHEDULE TRIBE DEVELOPMENT THIRUVANANTHAPURAM. 4. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF SCHEDULE TRIBE DEVELOPMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI. P. SANTHOSH KUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C) NO. 5750 OF 2010 -------------------------------------------- Dated this the 11th day of March, 2010 JUDGMENT The petitioner was a cook attached to the Pre-metric Hostel, Meenangadi, Sulthan Bathery. She has filed this Writ Petition challenging Exts.P3 and P6 orders passed by the third respondent. By Ext.P3 order, the petitioner was transferred to the Pre-metric Hostel, Iritty in Kannur District and as per Ext.P6 order, the representation submitted by the petitioner, against Ext.P3, was rejected. 2. Ext.P3 order of transfer was issued alleging certain misconducts against the petitioner as part of disciplinary action. Normally persons in the last grade service will be posted in their native districts or to the districts of their choice. The learned Government Pleader, on instruction, submitted that the competent authority is prepared to review the transfer order and has proposed to post the petitioner as cook in the Model Residential School, Kalpetta in Wyanad District. In the light of the above submission, to enable implementation of the said proposal, Exts.P3 W.P.(C) NO. 5750/2010 2 and P6 orders are quashed. The learned Government Pleader also submitted that a direction may be given to the petitioner not to commit any insubordination or misconduct. Such a direction is uncalled for, as even otherwise an employee is not expected to commit insubordination or misconduct. In the circumstances, the Writ Petition is disposed of with a direction to the third respondent to implement the aforesaid proposal in the matter of transfer and posting of the petitioner, within a period of two weeks from the date of receipt of a copy of this judgment. (C.T. RAVIKUMAR, JUDGE) sp/ W.P.(C) NO. 5750/2010 3 C.T. RAVIKUMAR, J. W.P.(C) NO.5750/2010 JUDGMENT 11th March, 2010