IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 19TH MARCH 2008 / 29TH PHALGUNA 1929 WP(C).No. 8795 of 2008(V) ------------------------- PETITIONER: ------------ A.K.ABDUL SALAM S/O.KOCHU MUHAMMED, AGED 49 YEARS HEAD CLERK PUTHENCHIRA GRAMA PANCHAYATH MANIYAMKAVU P.O. PUTHENCHIRA SOUTH, THRISSUR DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENTS: ------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT TRIVANDRUM. 2. THE DIRECTOR OF PABCHAYATS, PANCHAYAT DIRECTORATE MUSIUM JUNCTION, TRIVANDRUM. 3. THE DEPUTY DIRECTOR OF PAHCHAYATS, CIVIL STATION AYYANTHOLE, THRISSUR. 4. THE SECRETARY, PUTHENCHIRA GRAMA PANCHAYAT MANIYAMKAVU, P.O. PUTHENCHIRA SOUTH THRISSUR DISTRICT. 5. SRI. RAJAGOPALAN, HEAD CLERK PUTHENCHIRA GRAMA PANCHAYAT, MANIYAMKAVU P.O. PUTHENCHIRA SOUTH, THRISSUR DISTRICT. BY GOVERNMENT PLEADER SRI.BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ========================= W.P.(C)NO. 8795 OF 2008 ========================= Dated this the 19th day of March 2008 JUDGMENT The writ petition has been filed by the petitioner challenging Ext.P11 to the extent to which the 5th respondent has been given a posting as Head Clerk in the Puthenchira Grama Panchayat and also seeking a direction to permit the petitioner to rejoin duty as Head Clerk in the Puthenchira Grama Panchayat and for disbursal of salary and allowance with effect from 15.1.2008. 2. On instructions, learned Government Pleader submits that the petitioner has not been permitted to join duty in the Puthenchira Grama Panchayat, essentially, because he was suspended from service. Learned counsel for the petitioner submits that it is only after the filing of the writ petition that he came to know that he was suspended by an order passed by the President dated 14.1.2008. The order of suspension is without jurisdiction, it is alleged and at any rate, it was passed on extraneous considerations. Nevertheless, the order has been challenged in a statutory appeal, Ext.P15 before the Director of W.P.(C)8795/2008 2 Panchayats. 3. In the circumstances, the writ petition is disposed of directing the second respondent to consider and pass orders on Ext.P15 appeal, as early as possible, at any rate, within a period of four weeks from the date of receipt of a copy of this judgment. A representative of the Panchayat shall also be heard before orders are passed on Ext.P15. The Director shall, in the course of passing such order, issue suitable directions in the matter of posting of the petitioner and also pay and allowances of the petitioner with effect from 15.1.2008. A copy of the writ petition along with I.A.4061/2008 shall be produced along with a copy of the judgment before the second respondent. V.GIRI, JUDGE css/