IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 25TH AUGUST 2011 / 3RD BHADRA 1933 WP(C).No. 22509 of 2011(K) -------------------------- PETITIONER(S): --------------- T.RADHA, LEELA NILAYAM, VENGANALLUR P.O., TRICHUR DISTRICT, (JUNIOR SUPERINTENDENT, CHELAKKARA GRAMA PANCHAYAT, TRICHUR). BY ADV. SRI.T.M.CHANDRAN SRI.S.SUJITH RESPONDENT(S): --------------- 1. THE DIRECTOR OF PANCHAYATS, THIRUVANANTHAPURAM, PIN-695 001. 2. THE DEPUTY DIRECTOR OF PANCHAYATS, TRICHUR, PIN-688 001. BY G.P.SMT.SMITH SUKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 22509 of 2011(K) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF CERTIFICATE DATED 28.8.1986 ISSUED TO THE PETITIONER. EXT.P2: TRUE COPY OF CIRCULAR DATED 10.3.1983 ISSUED BY THE GOVT. EXT.P3: TRUE COPY OF JUDGMENT DATED 4.12.2006 IN W.P.(C)NO.30913/06 ON THE FILE OF THE HON'BLE HIGH COURT. EXT.P4: TRUE COPY OF REPRESENTATION DATED 16.4.2010 FILED BY THE PETITIONER. EXT.P5: TRUE COPY OF REPRESENTATION DATED 6.9.2010 FILED BY THE PETITIONER. EXT.P6: TRUE COPY OF REPRESENTATION DATED 27.1.2011 FILED BY THE PETITIONER. EXT.P7: TRUE COPY OF REPRESENTATION DATED 27.1.2011 FILED BY THE PETITIONER. EXT.P8: TRUE COPY OF LETTER DATED 19.7.2011 ALONG WITH REPRESENTATION DATED 13.7.2011 SENT TO THE MINISTER. EXT.P9: TRUE COPY OF RELEVANT PORTION OF ORDER DATED 3.8.2011 ISSUED BY RESPONDENT NO.1. EXT.P10: TRUE COPY OF RELEVANT PORTION OF ORDER DATED 10.8.2011 ISSUED BY RESPONDENT NO.1. EXT.P11: TRUE COPY OF REPRESENTATION DATED 11.8.2011 FILED BY THE PETITIONER. // TRUE COPY // TKS P.S. TO JUDGE C.T.RAVIKUMAR, J. --------------------------------------- W.P(C)No.22509 of 2011 ---------------------------------------- Dated 25th August, 2011 JUDGMENT This writ petition has been filed mainly challenging Ext.P9 to the extent it ordered to post her to Thrikkur Grama Panchayat and Ext.P10 order of transfer. The petitioner was working as Junior Superintendent in Chelakkara Grama Panchayat in Thrissur District. While so, she was promoted and transferred to the post of Special Grade Secretary. Even prior to the promotion she requested for a posting in any of the following three Grama panchayats:- Chelakkara, Vallathole Nagar and Wadakkancherry as per Ext.P5, on her promotion. Subsequently, the petitioner was promoted as Special Grade Secretary as per Ext.P9 dated 3.8.2011 and she was posted to Thrikkur Grama Panchayat in Thrissur District. The said order was subsequently partially modified as per Ext.P10 whereby the petitioner who was ordered to be posted to Thrikkur Grama Panchayat on promotion was transferred and posted to Pavaraty Grama Panchayat in Thrissur District. Ext.P1 would reveal that the petitioner is physically handicapped with permanent disability to the tune of 75% due to cleft palate and defective speech. As against the places of her choice, Ext.P10 would reveal that certain others were given postings on WP(C).No.22509/2011 2 request on their promotion. The contention of the petitioner is that equivalent posts of Special Grade Secretary are available in the office of the Deputy Director of Panchayats in Thrissur District and, that apart, a vacancy is likely to arise in Chelakkara Grama Panchayat as the present incumbent is due for promotion. Since the contention of the petitioner is that vacancies are available in the office of the Deputy Director of Panchayats, Thrissur and a vacancy is likely to occur in Chelakkara Grama Panchayat I am of the view that these are matters which could be looked into by the first respondent. The petitioner has already moved the first respondent through Ext.P11 representation raising such contentions. In the said circumstances, this writ petition is disposed of directing the first respondent to consider and pass orders on Ext.P11 representation, taking into account the fact that the petitioner is a physically handicapped person, as is obvious from Ext.P1, expeditiously, at any rate, within a period of three weeks from the date of receipt of a copy of this judgment. Needless to say that, person/persons likely to be affected shall also be put on notice before taking a decision on Ext.P11. Sd/- C.T.RAVIKUMAR Judge TKS