IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 37256 of 2010(F)
1. M.A.THULASEEDHARAN, S/O. LATE AYYAPPAN,
... Petitioner
Vs
1. THE STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE DIRECTOR OF PANCHAYATH,
3. THE ASSISTANT DIRECTOR OF PANCHAYATH,
4. THE SECRETARY,
For Petitioner :SRI.N.UNNIKRISHNAN
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :15/12/2010
O R D E R
S. Siri Jagan, J.
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W.P(C) No. 37256 of 2010
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Dated this, the 15h day of December, 2010.
J U D G M E N T
The petitioner, who is a Head Clerk in the Panchayat Common
Service, has been transferred from Chennerkara Grama Panchayat,
Pathanamthitta District to Kaipamangalam Grama Panchayat in
Thrissur District, that too, against a leave vacancy. According to the
petitioner, the same is in violation of Ext. P2 transfer guidelines. He
has also many personal difficulties as well. Therefore, according to
the petitioner, his transfer to a place 100 kilometers away in the
middle of the academic year is arbitrary and discriminatory. The
petitioner therefore seeks the following reliefs:
“i) Call for the records leading to issuance of Ext. P1;
ii) declare that Ext. P1 is unsustainable in the eyes of law;
iii) issue a writ of certiorari or appropriate writ or order or
direction to the respondents to retain the petitioner in the
preset station till his promotion.”
2. The learned Government Pleader submits that a complaint
has been received against the petitioner in respect of preparation of
voters’ list of the Panchayat and that is why the petitioner has been
transferred.
I am not inclined to go into the merits of the contentions of the
parties insofar as the petitioner has already filed Ext. P6
representation in this regard to the 2nd respondent. I dispose of this
writ petition with a direction to the 2nd respondent to consider and
pass orders on Ext. P6 as expeditiously as possible, at any rate, within
W.P.C. No. 37256/10 -: 2 :-
one month from the date of receipt of a copy of this judgment, after
affording an opportunity of being heard to the petitioner. Till then,
the petitioner shall not be relieved from the present station.
Sd/- S. Siri Jagan, Judge.
Tds/
[TRUE COPY]
P.S TO JUDGE.