Mini. E, vs the Director of Women and Child Development, - Court Judgment

Excerpt:
in the high court of kerala at ernakulampresent the honourable mr.justice basant balaji monday, the 1st day of april 2024 / 12th chaithra, 1946 petitioner: mini. e, aged 55 years d/o. madhavan, 'karunalayam', thirunilam vayal, kallai (po), kozhikode, pin - 673003 by adv k.praveen kumar respondents: 1 the director of women and child development, directorate of women and child development, poojappura, thiruvananthapuram, pin - 695012 2 the district women and child development officer, civil station. p.o, kozhikode, pin - 673020 3 the child development project officer, urban-ii, icds, civil station (po), 4 the district collector, civil station (po), sr gp smt mary beena joseph this writ petition (civil) having come up for admission on 01.04.2024, the court on the same day delivered the following:judgment(dated this the 1st day of april, 2024) the petitioner is an anganwadi worker in anganwadi centre no.133 known as agilandam anganwadi . by ext.p1, the petitioner has now been transferred to paroppadi sneha anganwadi. the said order is dated 15/03/2024. the petitioner was directed to join duty within three days. the case of the petitioner is that the petitioner met with an accident on 17/05/2023 and sustained a fracture of her leg and she had to undergo hospitalization and because of the said fact the petitioner was unable to join the present anganwadi which is 9 km away from the house of the petitioner. therefore she filed ext.p4 representation before the district collector on 21/03/2024 to cancel the transfer and to retain her in the present anganwadi.2. ext. p4 is a representation filed by the petitionerbefore the district collector and ext.p9 before the respondent no.3, since ext.p9 is directed to be disposed of respondent no.2. the petitioner shall file a representation similar to ext.p4 before the respondent no.2 who shall consider ext.p9 and the said representation and pass appropriate orders within 10 days from the date of receipt of a copy of this judgment. this writ petition is disposed of accordingly. sd/- basant balaji judge sms appendix of wp(c) 13103/2024 petitioner exhibits exhibit p1 true copy of the proceeding no.icds/uii/kkd/79/2024 dated 15-03-2024 issued by the 3rd respondent exhibit p2 true copy of the relevant portion of discharge summary dated 26.05.2023 issued by the aster mims hospital, kozhikode exhibit p3 true copy of the x-ray showing the picture of the leg of the petitioner exhibit p4 true copy of the representation dated 21.03.2024 before the district collector to the petitioner exhibit p5 true copy of the representation dated 21.03.2024 submitted by the parents of the children attending anganwadi centre no. 133 exhibit p6 true copy of the complaint dated 15.03.2024 filed by the petitioner before the sho, chemangad police station exhibit p7 true copy of the letter dated 30.01.2020 exhibit p8 true copy of the reply dated 02.11.2020 exhibit p9 true copy of the complaint dated 11.01.2024 filed by the petitioner before the 3rd respondent

Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI MONDAY, THE 1ST DAY OF APRIL 2024 / 12TH CHAITHRA, 1946 PETITIONER: MINI. E, AGED 55 YEARS D/O. MADHAVAN, 'KARUNALAYAM', THIRUNILAM VAYAL, KALLAI (PO), KOZHIKODE, PIN - 673003 BY ADV K.PRAVEEN KUMAR RESPONDENTS: 1 THE DIRECTOR OF WOMEN AND CHILD DEVELOPMENT, DIRECTORATE OF WOMEN AND CHILD DEVELOPMENT, POOJAPPURA, THIRUVANANTHAPURAM, PIN - 695012 2 THE DISTRICT WOMEN AND CHILD DEVELOPMENT OFFICER, CIVIL STATION. P.O, KOZHIKODE, PIN - 673020 3 THE CHILD DEVELOPMENT PROJECT OFFICER, URBAN-II, ICDS, CIVIL STATION (PO), 4 THE DISTRICT COLLECTOR, CIVIL STATION (PO), SR GP SMT MARY BEENA JOSEPH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

(Dated this the 1st day of April, 2024) The petitioner is an Anganwadi Worker in Anganwadi Centre No.133 known as Agilandam Anganwadi . By Ext.P1, the petitioner has now been transferred to Paroppadi Sneha Anganwadi. The said order is dated 15/03/2024. The petitioner was directed to join duty within three days. The case of the petitioner is that the petitioner met with an accident on 17/05/2023 and sustained a fracture of her leg and she had to undergo hospitalization and because of the said fact the petitioner was unable to join the present Anganwadi which is 9 Km away from the house of the petitioner. Therefore she filed Ext.P4 representation before the District collector on 21/03/2024 to cancel the transfer and to retain her in the present Anganwadi.

2. Ext. P4 is a representation filed by the petitioner

before the District Collector and Ext.P9 before the Respondent No.3, since Ext.P9 is directed to be disposed of Respondent No.2. The petitioner shall file a representation similar to Ext.P4 before the Respondent No.2 who shall consider Ext.P9 and the said representation and pass appropriate orders within 10 days from the date of receipt of a copy of this judgment. This writ petition is disposed of accordingly. Sd/- BASANT BALAJI JUDGE sms APPENDIX OF WP(C) 13103/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PROCEEDING NO.

ICDS/UII/KKD/79/2024 DATED 15-03-2024 ISSUED BY THE 3RD RESPONDENT Exhibit P2 TRUE COPY OF THE RELEVANT PORTION OF DISCHARGE SUMMARY DATED 26.05.2023 ISSUED BY THE ASTER MIMS HOSPITAL, KOZHIKODE Exhibit P3 TRUE COPY OF THE X-RAY SHOWING THE PICTURE OF THE LEG OF THE PETITIONER Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 21.03.2024 BEFORE THE DISTRICT COLLECTOR TO THE PETITIONER Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED 21.03.2024 SUBMITTED BY THE PARENTS OF THE CHILDREN ATTENDING ANGANWADI CENTRE NO. 133 Exhibit P6 TRUE COPY OF THE COMPLAINT DATED 15.03.2024 FILED BY THE PETITIONER BEFORE THE SHO, CHEMANGAD POLICE STATION Exhibit P7 TRUE COPY OF THE LETTER DATED 30.01.2020 Exhibit P8 TRUE COPY OF THE REPLY DATED 02.11.2020 Exhibit P9 TRUE COPY OF THE COMPLAINT DATED 11.01.2024 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT