IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 13TH NOVEMBER 2009 / 22ND KARTHIKA 1931 WP(C).No. 31724 of 2009(I) -------------------------- PETITIONER(S): --------------- GEETHA.N.D., D/O.DEVAKI AMMA, WORKING AS ANGANWADY WORKER, ANGANWADY NO.98, THATTUPALAM, NAVAIKULAM PANCHAYATH RESIDING AT GEETHA BHAVAN, NAVAIKULAM P.O., THIRUVANANTHAPURAM. BY ADV. SRI. K.SIJU SRI.S.SUDHEESHKAR SRI.PRATHEESH.P RESPONDENT(S): --------------- 1. THE DIRECTOR, DIRECTORATE OF SOCIAL WELFARE, VIKAS BHAVAN, THIRUVANANTHAPURAM. 2. DISTRICT SOCIAL WELFARE OFFICER, POOJAPPURA, THIRUVANANTHAPURAM. 3. PROGRAMME OFFICER, DISTRICT LEVEL ICDS CELL, POOJAPPURA, THIRUVANANTHAPURAM-12. 4. CHILD DEVELOPMENT PROJECT OFFICER, ICDS OFFICE, KILIMANOOR BLOCK, AMK BUILDING, PALLIKKAL P.O., THIRUVANANTHAPURAM DISTRICT. MS.ANU SIVARAMAN, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------ WP(C) No.31724 of 2009 -------------------------- Dated, this the 13th day of November, 2009 J U D G M E N T The petitioner is working as an Anganwady Worker under the 4th respondent in Navaikulam Panchayat in Thiruvananthapuram district. She is suffering from Non Hodgkin's Lymphoma and is undergoing treatment at the Regional Cancer Centre, Thiruvananthapuram from December, 2001 onwards. Ext. P2 is the medical certificate. By Ext.P1 order dated 05/10/2009 in order to facilitate her treatment, she was given special consideration and was posted at the present station. 2. According to the petitioner, certain other persons made complaints against Ext.P1 order and therefore, steps are being taken to re-transfer the petitioner. On coming to know about it, she filed Ext.P3 representation before the 3rd respondent, and filed this writ petition apprehending that she will be re-transferred from her present station. 3. A reading of Ext.P2 medical certificate shows that she is a Cancer patient. Ext.P1 shows that her illness was the reason for giving her preference. In the circumstances of the case, prima facie, WP(C) No.31724/2009 2- I do not find anything irregular, if such concession was shown by the authorities. Therefore even if a complaint is made, it is up to the authorities concerned to consider as to whether if the complaint merits consideration. 4. In any case, having regard to the fact that Ext.P3 representation has already made by the petitioner praying for retention at the present station, it is only appropriate that the 3rd respondent considers Ext.P3 representation before any action is taken to re-transfer the petitioner, as apprehended by her. 5. Therefore, this writ petition is disposed of directing that if there is any proposal to re-transfer the petitioner from the present station, and before any such order is passed, Ext.P3 representation shall be considered by the 3rd respondent. 6. It is directed that until a decision is taken as above, the petitioner shall not be relieved from the place, to which she is posted by Ext.P1. The petitioner shall produce a copy of this judgment before the 3rd respondent for compliance. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg