IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 16TH OCTOBER 2008 / 24TH ASWINA 1930 WP(C).No. 30423 of 2008(V) -------------------------- PETITIONER(S): --------------- 1. MURUKESAN A, U.D. CLERK, PATHANKODE GRMA PANCHAYAT THIRUVANANTHAPURAM, 2. ASOKAN P., KEEZHUVILAM GRAMA PANCHAYATH, MUDAPURAM P.O., CHIRAYINKEEZH. 3. A.RAJENDRAKUMAR, U.D.CLERK, VILAPPIL GRAMA PANCHAYATH, VILAPPIL, THIRUVNANTHAPURAM. 4. K.K. SHIBU, U.D. CLERK, BALARAMAPURAM GRAMA PANCHAYAT, THIRUVANANTHAPURAM. 5. K.R. RAJAN, HEAD CLERK, KULATHOOR GRAMA PANCHAYAT GENERAL SECRETARY, KERALA PANCHAYATH EMPLOYEES ASSOCIATION, GANDHARI AMMAN KOVIL RAOD, THIRUVANANTHAPURM -1. BY ADV. SRI.M.SASINDRAN SRI.K.P.HARISH RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PANCHAYATS, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF PANCHAYATHS, THIRUVANANTHAPURAM. W.P.(C) No.30423/2008 : 2 : 4. STANLIN W. GOMUS, U.D. CLERK, OFFICE OF THE DIRECTOR OF PANCHAYATHS, THIRUVANANTHAPURAM. 5. GEETHAKUMARI G.K,. U.D. CLERK OFFICE OF THE DIRECTORA OF PANCHAYATHS THIRUVANANTHAPURAM. 6. PADMAJA THOMAS, U.D. CLERK OFFICE OF THE DIRECTORA OF PANCHAYATHS THIRUVANANTHAPURAM. 7. K.K.SAJEEVKUMAR, U.D. CLERK OFFICE OF THE DIRECTOR OF PANCHAYATHS THIRUVANANTHAPURAM. 8. N.M.GEORGE, U.D. CLERK OFFICE OF THE DIRECTOR OF PANCHAYATHS THIRUVANANTHAPURAM. 9. S.SEEMA, U.D. CLERK OFFICE OF THE DIRECTOR OF PANCHAYATHS THIRUVANANTHAPURAM. 10. MAYA D., U.D. CLERK OFFICE OF THE DIRECTOR OF PANCHAYATHS THIRUVANANTHAPURAM. 11. VEENA BABU, U.D. CLERK OFFICE OF THE DIRECTOR OF PANCHAYATHS THIRUVANANTHAPURAM. 12. SALINI V.K., U.D. CLERK OFFICE OF THE DIRECTOR OF PANCHAYATHS THIRUVANANTHAPURAM. 13. RAJMOHANAN NAIR P.S., U.D. CLERK OFFICE OF THE DIRECTOR OF PANCHAYATHS THIRUVANANTHAPURAM. BY GOVT. PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ------------------------------- W.P.(C) No.30423 of 2008 ------------------------------- Dated this the 16th October, 2008. J U D G M E N T Petitioners 1 to 4 are Upper Division Clerks and the 5th petitioner is a Head Clerk in the Local Self Government Department. Their grievance is that in gross violation of Ext.P1 Government order which lays down the norms for transfer and posting of employees in the Local Self Government Department, the Director of Panchayats has issued Ext.P3 order of transfer, transferring and posting respondents 4 to 13 in various offices. They submit that highlighting these aspects, the Kerala Panchayat Employees Association of which the 5th petitioner is the General Secretary has submitted Ext.P4 representation before the Secretary to Government, Local Self Government Department and that the said authority may be directed to look into the grievance voiced by the Kerala Panchayat Employees Association therein and take a decision thereon, within a time limit to be fixed by this Court. W.P.(C) No.30423 of 2008 2 2. Heard the learned counsel appearing for the petitioner and Smt.Anu Sivaraman, the learned Government Pleader appearing for respondents 1 to 3. 3. What the petitioners seek in Ext.P4 is strict adherence to the guidelines issued by the State Government in Ext.P1 Government Order. According to the petitioners, when the Director of Panchayats issued Ext.P3 order of transfer, Ext.P1 Government order was not complied with. The petitioners state that the Director is not competent to deviate from Ext.P1 Government order and that the Government alone can deviate or depart from Ext.P1 Government Order. In my considered opinion, these are all matters for the Secretary, Local Self Government Department, to decide. Such being the situation, I dispose of this Writ Petition with a direction to the Secretary to Government, Local Self Government Department, to consider Ext.P4 representation submitted by the Kerala Panchayat Employees Association of which 5th petitioner is the General Secretary, and take a decision W.P.(C) No.30423 of 2008 3 thereon, after affording the 5th petitioner an opportunity of being heard. This shall be done within two months from today. P.N.RAVINDRAN, JUDGE nj.