IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 5TH AUGUST 2011 / 14TH SRAVANA 1933 WP(C).No. 21349 of 2011(P) ------------------------ PETITIONER : --------------------- M.J.CHACKO, S/O.JOHN, MALAMPARACKAL HOUSE, ERATTAYAR P.O., IDUKKI DISTRICT, (PRESENTLY WORKING AS SPL.GRADE SECRETARY, NEMMARA GRAMA PANCHAYAT P.O., NEMMARA, PALAKKAD DISTRICT AND UNDER ORDERS OF TRANSFER TO VANDIPERIYAR GRAMA PANCHAYAT). BY ADV. SRI.C.J.JOY RESPONDENT(S): ------------------------- 1. THE DIRECTOR OF PANCHAYATS, OFFICE OF THE DIRECTOR OF PANCHAYATS, THIRUVANANTHAPURAM, PIN - 695 001. 2. K.BABU, JR.SUPERINTENDENT, KADINAMKULAM GRAMA PANCHAYAT, THIRUVANANTHAPURAM DISTRICT, PIN - 695 001. (UNDER ORDERS OF TRANSFER AS SPECIAL GRADE SECRETARY TO KATTAPPANA GRAMAM PANCHYAT, IDUKKI DISTRICT.) R1 BY GOVT. PLEADER SMT. SMITHA SUKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 21349 of 2011(P) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE RELEVANT PORTIONS OF NOTICE DATED 1/3/2010 ISSUED BY THE 1ST RESPONDENT. EXT.P2 : COPY OF THE ORDER NO. E-1-10/2010 DATED 13/4/2010 ISSUED BY THE 1ST RESPONDENT. EXT.P3 : COPY OF THE APPEAL DTD 21/4/2010 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT. EXT.P4 : COPY OF JUDGMENT DTD 9/6/2010 PASSED BY THIS HON'BLE COURT IN WP(C) NO. 17828/2010 FILED BY THE PETITIONER. EXT.P4(a) : COPY OF THE ORDER DTD 3/9/2010 PASSED BY THIS HON'BLE COURT IN I.A. NO. 10864/2010 IN WP(C) NO. 17828/2010 FILED BY THE PETITIONER. EXT.P5 : COPY OF ORDER 28/8/2010 PASSED BY THE 1ST RESPONDENT DISMISSING EXT.P3 APPEAL FILED BY THE PETITIONER. EXT.P6 : COPY OF THE RELEVANT PORTIONS OF NOTICE DATED 28/1/2011 ISSUED BY THE 1ST RESPONDENT CONTAINING THE DRAFT LIST FOR GENERAL TRANSFER 2011. EXT.P7 : COPY OF THE ORDER NO. E-1-10/2011 DATED 4/6/2011 ISSUED BY THE 1ST RESPONDENT. EXT.P8 : COPY OF THE GENERAL TRANSFER ORDER NO. E-1-10/2010 DATED 3/8/2011 ISSUED BY THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.S. TO JUDGE Mn C.T.RAVIKUMAR, J. --------------------------------------- W.P(C)No.21349 of 2011 ---------------------------------------- Dated 5th August, 2011 JUDGMENT The petitioner and the second respondent are working as Special Grade Panchayat Secretaries. The petitioner while working as such in Nemmara Grama Panchayat submitted an application requesting for a transfer to Kattappana Grama Panchayat in Idukki District. Virtually, the request of the petitioner was acceded as is obvious from Ext.P6. In Ext.P6 draft list the petitioner was proposed to be transferred to Kattappana Grama Panchayat in Idukki District, on his request. However, when the list was finalised as per Ext.P8, the said proposal was altered and the petitioner was ordered to be transferred and posted to Vandiperiyar Grama Panchayat in Idukki District. It is challenging Ext.P8 order of transfer that this writ petition has been filed. It is contended that there is no reason for the respondents to alter the proposal made as per Ext.P6. It is the further contention of the petitioner that the second respondent who was posted in the place proposed viz., Kattappana Grama Panchayat in Idukki District had not made any request for such a transfer and in fact, he is a native of Thiruvananthapuram District. That apart, it is the contention that the petitioner is having only less than 16 months to WP(C).No.21349/2011 2 retire from the service. In the said circumstances, it is contended that the action on the part of the respondents in deviating from the proposal made as per Ext.P6 is arbitrary and illegal and, therefore, liable to be interfered with. 2. I have heard the learned counsel appearing for the petitioner as also the learned Government Pleader. 3. Ext.P8 is a final transfer order issued by the Director of Panchayats who is the Head of the Department. The transfer norms provide for raising grievances against orders of transfer issued by Heads of Departments before the Government. I am of the view that the claim and contention of the petitioner require a serious consideration and in view of the transfer norms, the petitioner could raise them before the Government. In that view of the matter, this writ petition is disposed of granting liberty to the petitioner to move the Government raising his grievances against Ext.P8 as also his claims and contentions, within 10 days from the date of receipt of a copy of this judgment. In case the petitioner prefers such a petition within the above stipulated time the same shall be considered by the Government within three weeks from the date of its receipt, with notice to the second respondent, as well. To enable the Government to consider the petition in terms of this judgment the petitioner shall produce a copy of WP(C).No.21349/2011 3 this judgment along with the copy of the petition in case he prefers a petition availing the liberty granted to him. Sd/- C.T.RAVIKUMAR Judge TKS