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2026 Supreme(Online)(Kar) 11543
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
Jyoti M, J
SMT PAVITRA JAIN W/O LATE PRAKASH J – Appellant
Versus
THE CHILD DEVELOPMENT OFFICER – Respondent
WP No. 105487 of 2024
For the Appellants/Petitioners: Vinaykumar Bhat
For the Respondents: Girija Hiremath, Pruthvi K.S.
The court issued a writ of mandamus directing the administrative authorities to consider a government employee's representation for transfer on compassionate grounds in accordance with the applicable law.
Headnote:The petition was filed under Articles 226 and 227 of the Constitution of India. The petitioner, an Anganawadi worker appointed in 2008, sought a transfer to her native place following the death of her husband in 2015. Although a transfer was granted, she was posted to a center other than the one requested, leading her to submit a representation on 01.04.2023 for a transfer to a specific center. The primary issue was whether the respondents should be directed to consider the petitioner's representation for transfer. The court observed that the petitioner's grievance regarding the specific location of her posting remained unaddressed. This Court is ordering mandamus directing the respondents to consider the grievance/representation submitted by the petitioner on 01.04.2023, in accordance with law within four weeks from the date of receipt of certified copy of this order, if not considered as of today.
| Table of Content |
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| 1. background of the petitioner's employment and the factual basis for the transfer request on compassionate grounds. (Para 1 , 2 , 3 , 4) |
| 2. procedural narrowing of the petition's scope by the petitioner. (Para 5 , 6) |
| 3. direction to authorities to consider pending representations in accordance with law. (Para 7 , 8) |
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.
THIS WRIT PETITION IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER:
ORAL ORDER
Counsel Sri.Vinaykumar Bhat., for the petitioner, HCGP for respondents 1 to 3 and counsel Sri.Pruthvi K.S., for proposed respondent No.4 have appeared in person.
2. The petition is filed seeking the following reliefs:
“A) Issue writ of certiorari to quash the Notification dated 12.08.2024 number: U.NI.VI/ MA.A.E/ I.CI.DI/ Aam.KA/ Aam.SA/ NEE.PRA/2024-25, issued by the 2nd respondent only in so far as Naduvinatanda Anganawadi Center is concerned, vide ANNEXURE-E and Notification dated 6.09.2024 number: SHI.A.YO/ HU.HA/ Aam.KAA/ Aam.Sa/ NEE.PRA/ 2024-25, issued by 1st respondent, vide ANNEXURE-F, and
B) Consequently issue writ of Mandamus directing the Respondents to transfer the petitioner from Naduvinatanda Anganawadi center to Hyarada Center-1 by considering her representation dated 01.04.2023, vide ANNEXURE-D, by fixing outer limit, and
C) Issue any other writ or order as this Hon'ble Court may deem fit in circumstances of the case including the cost, in the ends of justice.”
3. Counsel for the petitioner has urged several contentions. Heard the arguments and perused the Writ papers and the records with care.
4. Suffice it to note that the petitioner was appointed as an Anganawadi Worker on 26.05.2008 and was posted at Shankarikoppa Anganawadi Center at Shikaripura. While discharging her duties at the center, her husband died on 16.02.2015. Hence, she made a request for transfer from Shikaripura to her native place Hyarada Center-1 at Hoovinahadagali Taluk. However, her request was partly considered and she was posted to Naduvinatanda Anganawadi Center at Hoovinahadagali and she is discharging her duties at the said Anganawadi Center as of today. The petitioner's grievance is that though she had requested to transfer to Hyarada Center-1, however, she was transferred to Naduvinatanda. Hence, she has made a representation to the authority concerned to transfer her from Naduvinatanda Anganawadi Center to Hyarada Center-1 by considering her representation dated 01.04.2023 vide Annexure-D.
5. Counsel for the petitioner submits that the petitioner is not pressing prayer No.1 at this stage.
6. Submission is noted.
7. Taking note of the grievance of the petitioner, this Court is ordering mandamus directing the respondents to consider the grievance/representation submitted by the petitioner on 01.04.2023, in accordance with law within four weeks from the date of receipt of certified copy of this order, if not considered as of today.
8. With the above observation, writ petition is disposed of. Needless to observe that this Court has not expressed anything on the merits of the case.
