IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 23RD JULY 2008 / 1ST SRAVANA 1930 WP(C).No. 22100 of 2008(E) -------------------------- PETITIONER: ------------ U.T.SURAKSHITHA, D/O.THE LATE CHIDANANDAN, AGED 36 YEARS, UPPER DIVISION CLERK, KAPOOR GRAMA PANCHAYATH, KUMARANELLOOR P.O., PALAKKAD, PRESENTLY RESIDING AT 'CHAITHANYA' WORKING WOMEN'S HOSTEL, MELE PATTAMBI, PALAKKAD. BY ADV. SMT.K.RADHAMANI AMMA SRI.ANTONY MUKKATH SRI.K.V.JOY SRI.K.RAMACHANDRAN (THYKOODAM) RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF PANCHAYATHS, THIRUVANANTHAPURAM. 3. P.S.CHAYA, UPPER DIVISION CLERK, KAINAKARI GRAMA PANCHAYATH, ALAPPUZHA. BY GOVERNMENT PLEADER SMT.SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).22100/2008 -------------------- Dated this the 23rd day of July, 2008 JUDGMENT Petitioner is working as U.D.Clerk in the Kapoor Grama Panchayath in Palakkad District. She was originally appointed as L.D.Clerk in Alappuzha District. District is the unit of appointment of L.D.Clerk whereas State is the unit for the U.D.Clerk. According to the petitioner, she cannot be transferred outside the district even on promotion as U.D.Clerk, on the premise that she has not been confirmed in the post of L.D.Clerk. She submits that request for a posting back in the native district was made by her as per Ext.P3, but overlooking the same, the request made by the third respondent seems to have been accepted, as evidenced by Ext.P5 order. Petitioner has preferred an appeal as Ext.P7 in terms of clause 28 of Ext.P6 Government Order, regulating the transfer and postings of the employees under the Local Self Government Department. The appeal is to be disposed of by the first respondent. W.P.(C).22100/2008 2 Having heard learned counsel for the petitioner and learned Government Pleader, writ petition is disposed of directing the first respondent to consider and pass orders on Ext.P7 appeal, within a period of six weeks from the date of receipt of a copy of this judgment. Petitioner and the third respondent shall be heard by the first respondent before orders are passed on Ext.P7. V.GIRI, Judge mrcs