IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 8795 of 2008(V)
1. A.K.ABDUL SALAM S/O.KOCHU MUHAMMED,
... Petitioner
Vs
1. THE STATE OF KERALA REPRESENTED BY THE
... Respondent
2. THE DIRECTOR OF PABCHAYATS,
3. THE DEPUTY DIRECTOR OF PAHCHAYATS,
4. THE SECRETARY,
5. SRI. RAJAGOPALAN,
For Petitioner :SRI.V.A.MUHAMMED
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice V.GIRI
Dated :19/03/2008
O R D E R
V.GIRI,J.
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W.P.(C)NO. 8795 OF 2008
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Dated this the 19th day of March 2008
JUDGMENT
The writ petition has been filed by the petitioner challenging
Ext.P11 to the extent to which the 5th respondent has been given
a posting as Head Clerk in the Puthenchira Grama Panchayat and
also seeking a direction to permit the petitioner to rejoin duty as
Head Clerk in the Puthenchira Grama Panchayat and for disbursal
of salary and allowance with effect from 15.1.2008.
2. On instructions, learned Government Pleader submits
that the petitioner has not been permitted to join duty in the
Puthenchira Grama Panchayat, essentially, because he was
suspended from service. Learned counsel for the petitioner
submits that it is only after the filing of the writ petition that he
came to know that he was suspended by an order passed by the
President dated 14.1.2008. The order of suspension is without
jurisdiction, it is alleged and at any rate, it was passed on
extraneous considerations. Nevertheless, the order has been
challenged in a statutory appeal, Ext.P15 before the Director of
W.P.(C)8795/2008 2
Panchayats.
3. In the circumstances, the writ petition is disposed of
directing the second respondent to consider and pass orders on
Ext.P15 appeal, as early as possible, at any rate, within a period
of four weeks from the date of receipt of a copy of this judgment.
A representative of the Panchayat shall also be heard before
orders are passed on Ext.P15. The Director shall, in the course of
passing such order, issue suitable directions in the matter of
posting of the petitioner and also pay and allowances of the
petitioner with effect from 15.1.2008.
A copy of the writ petition along with I.A.4061/2008 shall
be produced along with a copy of the judgment before the second
respondent.
V.GIRI, JUDGE
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