IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 11TH MARCH 2009 / 20TH PHALGUNA 1930 WP(C).No. 1748 of 2009(G) -------------------------------------- PETITIONER(S): ----------------------- PRATHAPCHANDRAN NAIR, UPPER DIVISION CLERK, VELLARADA GRAMA PANCHAYAT, VELLARADA, THIRUVANANTHAURAM DISTRICT. BY ADVS. MR.P.K.SURESH KUMAR SMT.P.JAYALAKSHMI RESPONDENT(S): ------------------------------ 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PANCHAYATS, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF PANCHAYATS, THIRUVANANTHAPURAM. GOVERNMENT PLEADER MR.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.1748/2009 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE ORDER NO.E3-727/2007 DT. 12.1.09 ISSUED BY THE 2ND RESPONDENT. P2:- COPY OF THE DISCHARGE SUMMARY DT. NIL ISSEUD BY SP FORT HOSPITAL IN FAVOUR OF THE PETITIONER. P3:- COPY OF THE MEDICAL CERTIFICATE DT. 2.6.07 ISSUED BY CHAITHANYA EYE HOSPITAL AND RESEARCH INSTITUTE IN FAVOUR OF THE PETITIONER./ P4:- COPY OF THE REPRESENTATION DT. 13.1.09 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT. P5:- COPY OF THE ORDER NO.E3-2566/09 DT. 6.2.09 PASSED BY THE 2ND RESPONDENT. P6:- COPY OF THE REPRESENTATION DT. 19.2.09 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. TRUE COPY, P. A. TO JUDGE TSS T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.1748/2009-G ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 11th day of March, 2009 J U D G M E N T The petitioner is working as Upper Division Clerk in Vellarada Grama Panchayat of Thiruvananthapuram District. He was promoted as Head Clerk as per Ext.P1 order and posted in another Panchayat namely, the Aliparambu Grama Panchayat in Malappuram District. 2. Thereafter, he filed Ext.P4 representation seeking to relinquish the promotion. He approached this Court seeking for a direction to the respondents to pass orders on the application for relinquishment of promotion. As per interim order dated 16/01/2009, the implementation of Ext.P1, as far as the petitioner is concerned was kept in abeyance and he was allowed to continue as Upper Division Clerk in Vellarada Grama Panchayat. 3. Along with I.A.No.3523/2009, the petitioner has produced Ext.P5 order by which the Director of Panchayats has rejected the application for relinquishment of the promotion. 4. He has filed Ext.P6 representation to the Director of Panchayats seeking for a posting as Head Clerk in an existing vacancy in the Ottashekharamangalam Grama Panchayat in Neyyattinkara Taluk. Therein W.P.(C) No.1748/2009 -:2:- he has highlighted the details of his ailments, treatment being undertaken by him in different hospitals etc. for consideration. The learned counsel for the petitioner submitted that the Director of Panchayats may be directed to dispose of Ext.P6 and till then, he may be allowed to be continued in the present post. 5. In the result, the writ petition is disposed of directing the Director of Panchayats to pass orders on Ext.P6 within one month from the date of receipt of the copy of this judgment. The petitioner will be allowed to continue as Upper Division Clerk in the Vellarada Grama Panchayat till orders are passed on Ext.P6 as directed above. No costs. (T.R. Ramachandran Nair, Judge.) ms