IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 5TH MARCH 2009 / 14TH PHALGUNA 1930 WP(C).No. 24666 of 2006(J) --------------------------------------- PETITIONER(S): ------------------------ P.Y.RAJU, PART-TIME WATCHMAN, INDUSTRIAL TRIBUNAL, ELAPPARA, IDUKKI. BY ADVS. MR.P.RAMAKRISHNAN SMT.PREETHI KESAVAN RESPONDENT(S): ------------------------- 1. INDUSTRIAL TRIBUNAL, ELAPPARA, IDUKKI. 2. THE SECRETARY TO GOVERNMENT, L & R DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE (H & LB), THIRUVANANTHAPURAM. GOVT.PLEADER MR.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.24666/2006 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER DT. 22.6.94 ISSUED BY THE SIT RESPONDENT. P2:- COPY OF THE LETTER DT. 27.9.96 WRITTEN BY THE IST RESPONDENT TO THE 2ND RESPONDENT. P3:- COPY OF THE LETTER DT. 3.3.97 WRITTEN BY THE 2ND RESPONDENT TO THE IST RESPONDENT. P4:- COPY OF THE ORDER DT. 1.11.97 ISSUED BY THE IST RESPONDENT. P5:- COPY OF THE JUDGMENT DT. 5.1.06 IN OP. NO.21196/97. P6:- COPY OF THE LETTER DT. 12.9.06 ISSUED BY THE 3RD RESPONDENT. TRUE COPY P.A. TO JUDGE tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 24666 of 2006-J - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of March, 2009. JUDGMENT The petitioner who was working as a Part-time Watchman in the Industrial Tribunal, Idukki, was ordered to be transferred as a Part-time Sweeper to Karikode Village Office, as per Ext.P6 order. This is under challenge in the writ petition. 2. The petitioner is an ex-serviceman who had been sponsored by the District Employment Exchange, Kattappana and was appointed pursuant to Ext.P1 order as a Part-time Watchman by the Industrial Tribunal, Idukki. By subsequent representations, he had requested the Government to change the designation as a Full Time Watchman and the matter was under correspondence also which is evidenced by Exts.P2 and P3. Ext.P4 is the order passed by the first respondent seeking to recover the excess salary, which was challenged by the petitioner in Writ Petition No.21196/1997 before this court. The said writ petition was allowed as per Ext.P5 judgment quashing Ext.P4 and directing the State Government to pass final orders on the question of redesignating the petitioner as a Full Time Watchman. It was further made clear that if the Government decides that wpc 24666/2006 2 the post of the petitioner cannot be redesignated as Watchman, before reducing his salary as that applicable to a Part-time Watchman, there will be proportionate reduction in the working hours of the petitioner also. Without passing orders on the said issue, by Ext.P6 he was ordered to be posted as a Part-time Sweeper in Karikode Village Office. 3. In the light of Ext.P5 judgment, the only issue that was to be considered is the relief sought for by the petitioner to redesignate him. It was without considering the same, Ext.P6 order is seen to have been passed. Therefore, the same cannot be sustained. Further, there was no application for inter-departmental transfer on the part of the petitioner also. The posts are not identical. Hence, there are no worthwhile reasons to support Ext.P6. It is submitted by learned counsel for the petitioner that the directions in Ext.P5 has now been complied with by granting arrears to him and re-scheduling the working hours also. 4. The respondents have not filed any counter affidavit also. Therefore, Ext.P6 is quashed. The writ petition is allowed as prayed for. No costs. (T.R. Ramachandran Nair, Judge.) kav/