Suja.V.G vs Assistant Development Commissioner ... on 23 June, 2009

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Kerala High Court

Suja.V.G vs Assistant Development Commissioner ... on 23 June, 2009

Bench: P.N.Ravindran

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 15568 of 2009(M)


1. SUJA.V.G, U.D.CLERK,
                      ...  Petitioner

                        Vs



1. ASSISTANT DEVELOPMENT COMMISSIONER (G.L)
                       ...       Respondent

                For Petitioner  :SRI.B.PREMOD

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :23/06/2009

 O R D E R
                            P.N.RAVINDRAN, J.
                       -------------------------------------
                        W.P.(C)No.15568 of 2009
                      --------------------------------------
                          Dated 23rd June, 2009

                                 JUDGMENT

The petitioner is presently working as Upper Division Clerk in the Poverty Alleviation Unit, District Panchayat, Pathanamthitta. Initially she was working as Upper Division Clerk in the Parakode Block Panchayat in Pathanamthitta District. On her request, by Ext.P2 order dated 5.7.2008 she was transferred and posted as Upper Division Clerk in Kulanada Block Panchayat. Within a few months thereafter by Ext.P3 order dated 6.1.2009 she was transferred and posted to Poverty Alleviation Unit, District Panchayat, Pathanamthitta. In this writ petition, the petitioner challenges Ext.P3 and seeks a writ in the nature of mandamus commanding the respondents to repost her in the Block Development Office at Kulanada. Ext.P3 order was passed on 6.1.2009 and it has taken effect. The pleadings disclose that the petitioner has already moved the District Collector seeking redressal of her grievances. In my opinion, if the petitioner is aggrieved by Ext.P3, she ought to have moved the Rural Development Commissioner instead of seeking the intervention of this Court or the District Collector.

WP(C).No.15568/2009 2

I accordingly dispose of this writ petition with the direction that in the event of the petitioner filing an appropriate representation before the Rural Development Commissioner, the Rural Development Commissioner shall consider the same and pass orders thereon within one month from the date on which it is received, after affording the petitioner a reasonable opportunity of being heard. The Rural Development Commissioner shall after passing orders on the petitioner's representation, communicate a copy thereof to her expeditiously.

P.N.RAVINDRAN Judge TKS

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