IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 27TH OCTOBER 2011 / 5TH KARTHIKA 1933 WP(C).No. 22094 of 2011(J) -------------------------- PETITIONER: -------------- M.A HUSSAIN, SECRETARY,WANDOOR GRAMA PANCHAYAT, WANDOOR,MALAPPURAM DISTRICT (UNDER ORDERS OF TRANSFER) BY ADV. SRI.P.K.SURESH KUMAR, SENIOR ADVOCATE SRI.K.P. SUDHEER SMT. N.P. ASHA RESPONDENTS: ----------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, THIRUVANANTHAPURAM-695001. 2. THE DIRECTOR OF PANCHAYATS, THIRUVANANTHAPURAM-695001. 3. E.NEELAKANTAN, SECRETARY,PANCIKKAD GRAMA PANCHAYATH, PANDIKKAD-676521, MALAPPURAM DISTRICT. R1 & R2 BY GOVT. PLEADER, SRI.E.M. ABDUL KHADER. R3 BY ADV. SRI.U.K.DEVIDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/10/2011, ALONG WITH W.P.(C) No.24729 OF 2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 22094 of 2011(J) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF ORDER NO.E1-10/2011 DATED 03.08.2011 ISSUED BY THE 2ND RESPONDENT. EXT.P2 : TRUE COPY OF JOINING REPORT OF THE PETITIONER DATED 09.08.2011. EXT.P3 : TRUE COPY OF ORDER NO.E1-10/2011 DATED 10.08.2011 ISSUED BY THE 2ND RESPONDENT. /TRUE COPY/ PA TO JUDGE P.R.RAMACHANDRA MENON,J - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)Nos. 22094 and 24729 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of October, 2011 JUDGMENT The issues involved in both these cases are connected together. The petitioner in W.P.(C) No.22094 of 2011 challenges the transfer as per Ext.P3 order dated 10.08.2011 passed by the 2nd respondent whereby he has been re-posted at Kottoor Grama Panchayat in Kozhikode District, in spite of the fact that as per Ext.P1 order dated 03.08.2011 the petitioner was shifted and made to join the post at Wandoor. 2. When W.P.(C) No.22094 of 2011 came up for consideration before this Court, on 12.08.2011 it was admitted, issuing urgent notice to the respondents and also permitting the petitioner to continue at Wandoor at Malappuram District for a period of two months; which was subsequently extended for one month on 10.10.2011. The 3rd respondent in W.P.(C) No.22094 of 2011, who is the beneficiary as per Ext.P3 order, has filed W.P.(C) No.24729 of 2011, wherein the re-posting given to him to Vellamunda Grama Panchayat in Wayanadu District as per Ext.P5 is under challenge. WP(C) Nos.22094 & 24729 of 2011 -:2:- 3. The learned Government Pleader submits on instructions that the petitioner in W.P.(C) No. 24729 of 2011 could be given an alternate posting in Malappuram District itself and that appropriate orders will be passed in this regard within two weeks. The learned counsel for the petitioner submits that the said course is very much acceptable to the petitioner. 4. In the said circumstance, both the Writ Petitions are disposed of, making the interim order dated 12.08.2011 passed by this Court permitting the petitioner in W.P.(C) No.22094 of 2011 absolute enabling him to continue in Wandoor,as ordered originally vide Ext.P1. The undertaking given by the learned Government Pleader with regard to the alternate posting proposed to be given to the petitioner in W.P.(C) No.24729 of 2011 within two weeks in Malappuram District is recorded. Necessary orders shall be passed in this regard within two weeks. 5. The petitioner in W.P.(C) No.24729 of 2011 shall join the place of posting given as per Ext.P5 forthwith, which WP(C) Nos.22094 & 24729 of 2011 -:3:- shall be subject to orders to be passed by the respondents with regard to the alternate posting. P.R.RAMACHANDRA MENON, JUDGE ttb