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. 22217 of 2011(B) ---------------------------------- PETITIONER(S): ----------------------- JESHITHA.E, SUPERVISOR, ICDS THIRUVANANTHAPURAM, URBAN-I, THIRUVANANTHAPURAM. BY ADV. SRI.R.V.SREEJITH RESPONDENT(S): ------------------------- 1. THE DIRECTOR, SOCIAL WELFARE DEPARTMENT, SOCIAL WELFARE DIRECTORATE, VIKAS BHAVAN (PO), THIRUVANANTHAPURAM-695 001. 2. SARASWATHI, SUPERVISOR, ICDS, ATHIYANOOR, THIRUVANANTHAPURAM-695121. 3. T.VIJAYARANI, SUPERVISOR, ICDS, ETTUMANOOR, KOTTAYAM- 686 631. R1 BY GOVT. PLEADER SRI.SANDESH RAJ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.22217/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE CASTE CERTIFICATE ISSUED BY THE TAHSILDAR, KOZHIKODE ON 3.9.1999. P2:- COPY OF THE SCHOOL IDENTITY CARD OF THE ELDEST DAUGHTER OF THE PETITIONER, NAMELY JYOTHSNA SOMAN. P2(a):- COPY OF THE SCHOOL IDENTITY CARD OF THE YOUNGEST DAUGHTER OF THE PETITIONER, NAMELY ANUSREE SOMAN.K. P3:- COPY OF THE NASAL ENDOSCOPY REPORT OF THE PETITIONER ISSUED BY THE SANTHWANA HOSPITAL (P) LTD. P4:- COPY OF THE REPORT OF DR.M.BALAKRISHNAN OF S.U.T. HOSPITAL, THIRUVANANTHAPURAM, DTD. 15.9.2010. P5:- COPY OF THE DISCHARGE SUMMARY OF THE PETITIONER'S MOTHER ISSUED BY THE DEPARTMENT OF CARDIOLOGY, EMS MEMORIAL CO-OPERATIVE HOSPITAL AND RESEARCH CENTRE, PERINTHALMANNA, MALAPPURAM. P6:- COPY OF THE IDENTITY CARD ISSUED BY ISRO, DEPARTMENT OF SPACE TO SOMAN.K., THE HUSBAND OF THE PETITIONER. P7:- COPY OF THE RELEVANT EXTRACT OF THE TRANSFER ORDER NO.E3-25/2011 OF THE IST RESPONDENT DTD 6.8.2011 , PUBLISHED ON THE OFICIAL WEBSITE ON 12.8.2011. P8:- COPY OF THE GOVERNMENT ORDER NO.G.O.(P) NO.13/2000 DTD. 27.4.2000 CONTAINING THE GUIDELINES REGARDING GENERAL TRANSFER. P9:- COPY OF THE G.O.(MS) NO.459/80/GAD DTD. 3.10.1980. P10:- COPY OF THE REPRESENTATION DTD. 12.8.2011 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.S. TO JUDGE tss C.T.RAVIKUMAR, J. --------------------------------------- W.P(C)No.22217 of 2011 ---------------------------------------- Dated 16th August, 2011 JUDGMENT The petitioner is presently working as Supervisor in the Integrated Child Development Service Scheme (for short `ICDS'), , Thiruvananthapuram, Urban-I. This writ petition has been filed on being aggrieved by Ext.P7 order whereby the petitioner was transferred and posted at ICDS, Anchal. The contention of the petitioner is that she is a member of the scheduled caste community and she joined the present station only on 16.8.2010. That apart various other contentions have been raised to assail Ext.P7. Obviously, Ext.P7 order of transfer was passed by the first respondent. The transfer norms provide for raising grievances against the orders passed by the Head of the Department to the Government. Evidently, Ext.P7 has been passed by the Head of the Department. The petitioner has already filed Ext.P10 representation before the first respondent raising grievances against Ext.P7. Since Ext.P7 order was passed by the first respondent I am of the view that the grievances of the petitioner have to be looked into by the Government and not by the first respondent himself. In the said circumstances, the first respondent is directed to forward Ext.P10 to the Secretary to WP(C).No.22217/2011 2 Government, Social Welfare Department within a period of one week from the date of receipt of a copy of this judgment. On receipt of the same from the first respondent the Secretary to Government shall consider the same and pass appropriate orders thereon expeditiously, at any rate, within a period of three weeks from the date of receipt of Ext.P10 from the first respondent. Needless to say that person/persons likely to be affected shall also be put on notice before passing orders on Ext.P10. To enable the Secretary to Government to comply with the direction the first respondent shall also forward a copy of this judgment to the Secretary to Government along with Ext.P10. Sd/- C.T.RAVIKUMAR Judge TKS