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. 21462 of 2011(G) ----------------------- PETITIONER(S): ------------------------ 1. SANTHOSH KUMAR.S., S/O.SANKARA PILLAI, AGED 47 YEARS, ABHILASH MRA 49, NEAR VETTINARY HOSPITAL, ATTINGAL, THIRUVANANTHAPURAM DISTRICT. (CARETAKER, GOVT. SPECIAL HOME FOR BOYS, POOJAPPURA) 2. RAJAN B, S/O.BHASKARAN, AGED 43 YEARS, AMBUJA VILAS, PALUVALLY, MEENMUTTYI (P.O), PACHA (VIA) PALODE, THIRUVANANTHPURAM. (CARETAKER, GOVT. SPECIAL HOME FOR BOYS, POOJAPPURA) 3. MOHAMMED SHAFI.K, S/O.CASIM PILLAI, AGED 33 YEARS, ANSARI MANZIL, ANAD (P.O), NEDUMANGAD, THIRUVANANTHAPURAM. (CARETAKER, GOVT. SPECIAL HOME FOR BOYS, POOJAPPURA) 4. SHIBU S., S/O.SAHADEVAN, AGED 37 YEARS, 'NISHAS' TC 2/988 PUTHUPALLI LANE, MEDICAL COLLEGE (P.O), THIRUVANANTHAPURAM. (CARETAKER, GOVT. SPECIAL HOME FOR BOYS, POOJAPPURA) BY ADV. SMT. K.V.BHADRA KUMARI RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVT., SOCIAL WELFARE DEPARTMENT, SECRETARIAT, THIRIVANANTHRPURAM - 695 001. 2. DIRECTOR, SOCIAL WELFARE DEPARTMENT, SOCIAL WELFARE DEPARTMENT, KERALA, THIRUVANANTHAPURAM - 695 001. ...2/- WP(C).No. 21462 of 2011(G) -2- 3. SUPERINTENDENT, GOVT. SPECIAL HOME FOR BOYS, POOJAPPURAA, THIRUVANANTHAPURAM-695 012. R1 TO R3 BY GOVT. 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: Mn ...2/- WP(C).No. 21462 of 2011(G) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE ORDER DATED 2/8/2011 ISSUED BY THE 2ND RESPONDENT. EXT.P2 : COPY OF THE DISABILITY CERTIFICATE ISSUED BY MEDICAL BOARD, THIRUVANANTHAPURAM. EXT.P3 : COPY OF THE O.P. CARD ISSUED IN FAVOUR OF THE PETITIONER'S MOTHER FROM MEDICAL COLLEGE, THIRUVANANTHAPURAM. EXT.P4 : COPY OF THE REQUEST SUBMITTED BY THE 2ND PETITIONER BEFORE THE 3RD RESPONDENT. EXT.P5 : COPY OF THE REPRESENTATION SUBMITTED BY THE 3RD PETITIONER BEFORE THE 3RD RESPONDENT ON 3/8/2011. EXT.P6 : COPY OF THE CASE SUMMARY OF THE 4TH PETITIONER'S MOTHER-IN-LAW. EXT.P7 : COPY OF THE REPRESENTATION OF THE 4TH PETITIONER SUBMITTED BEFORE THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.A. TO JUDGE Mn C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C)No. 21462 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of August, 2011 J U D G M E N T The petitioners are presently working as Care Takers in Government Special Homes for boys, Poojappura under the Social Welfare Department. This writ petition has been filed mainly challenging Ext.P1 order of transfer. As per Ext.P1 order the petitioners have been transferred to Children's Homes at different districts. The contention of the petitioners is that Ext.P1 order of transfer has been effected in violation of the norms. Yet another contention is raised to the effect that taking into account the factum of re-opening of schools after mid-summer vacation, the respondents should not have effected transfer in the midst of the academic year. The transfer norms provide for raising grievances against an order passed by the head of the department to the Government. In the said circumstances, I am of the view that the petitioner have to raise their grievances before the first respondent. In that view of the matter this writ petition is disposed of granting liberty to the petitioners to move the first WPC.No.21462/2011 : 2 : respondent, raising their grievances against Ext.P1 order. In case, the petitioners file such representations before the first respondent within a period of two weeks from today, the same shall be considered by the first respondent, expeditiously, at any rate, within a period of six weeks from the date of receipt of copy of this judgment. Needless to say that before passing any orders on any such representation, if received, persons likely to be affected shall also be put on notice. Sd/- C.T. RAVIKUMAR, JUDGE jma //true copy// P.A to Judge