IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 19TH FEBRUARY 2009 / 30TH MAGHA 1930 WP(C).No. 5566 of 2009(M) ------------------------- PETITIONERS: --------------- ALEYAMMA NINAN, RESEARCH OFFICER, (ON PROMOTION AS ASST.DIRECTOR), DISTRICT PLANNING OFFICE, CIRCLE STATION, KAKKANAD (AGED 36, W/O.WINSTON ALDRIN JOSE, CENTRAL EXCISE STAFF QUARTERS, NO.91, BEHIND T.V.STATION, KAKKANAD). BY ADV. SRI.K.S.MADHUSOODANAN SRI.T.V.JAYAKUMAR NAMBOODIRI SRI.THUSHAR NIRMAL SARATHY SRI.M.M.VINOD KUMAR SMT.K.M.RAMYA RESPONDENTS: --------------- 1. STATE OF KERALA TO BE REP. BY SECRETARY, PLANNING AND ECONOMIC AFFAIRS (B) DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM 2. MEMBER SECRETARY, STATE PLANNING BOARD, PATTOM, THIRUVANANTHAPURAM BY GOVT. PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No. 5566 of 2009 -------------------------- Dated this the 19th February,2009 J U D G M E N T The petitioner is aggrieved by Exhibit-P4 by which she was promoted as Assistant Director and posted in the District Planning Office, Palakkad District. Petitioner's contention is that she had requested for a posting in Ernakulam, Kottayam or Alappuzha in the District Planning Office. Petitioner is a member of a Scheduled Tribe and a native of Kottayam District. 2. Petitioner entered in the service of the Planning Board on 7.4.1997 as Research Assistant. while working as Research Assistant in the District Planning Office, Thiruvananthapuram by order dated 11.7.2007, the 2nd respondent transferred the petitioner on her request to District Planning Office, Ernakulam and she took charge there on 13.7.2007. Petitioner's husband is working as an Inspector of Customs, Preventive Unit, Kottayam and he is a kidney patient undergoing W.P ( C) No. 5566 of 2009 2 treatment in Lakshore Hospital, Ernakulam and her daughter is studying in L.K.G in a school at Kakkanadu. 3. Anticipating her promotion, she had filed Exhibit-P1 representation seeking for a posting at Ernakulam, Kottayam or Alappuzha District Planning Offices. This was duly forwarded to the State Planning Board, as evidenced by Exhibit-P1 (a). In Exhibit P1, she has claimed concessions available to the members of Scheduled Tribe. 4. When the order of transfer was issued she was given a posting in Palakkad. Immediately she filed Exhibit- P5 addressed to the State Planning Board, Thiruvananthapuram. The petitioner seeks for a direction to consider the same. 5. Exhibit-P4 order is issued by the Government. Therefore, if the petitioner had any grievance she ought to have approached the Government in the matter. 6. Learned counsel for the petitioner therefore submitted that the petitioner may be granted time to file a representation before the Government and the same may W.P ( C) No. 5566 of 2009 3 be directed to be considered. It is clear that by mistake she had filed Exhibit-P5 representation before the Member Secretary, State Planning Board. The same is seen submitted through proper channel. Petitioner therefore will file a fresh representation before the Government within a period of three weeks from today and if such a representation is submitted, the Government will consider the matter and pass appropriate orders, within a further period of one month from the date of receipt of the representation. Government will consider the matter in accordance with the scheme by which concessions have been ordered in favour of members of Scheduled Tribe. The writ petition is disposed of as above. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No. 5566 of 2009 4 W.P ( C) No. 5566 of 2009 5