IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 8TH OCTOBER 2009 / 16TH ASWINA 1931 WA.No. 2225 of 2009() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.23911/2009 Dated 20/08/2009 .................... APPELLANT(S): PETITIONERS ------------------------- 1. KERALA SURVEY FIELD STAFF ASSOCIATION, REG.NO.158/72, JOINT COUNCIL BUILDING, TRIVANDRUM-695001, REPRESENTED BY ITS PRESIDENT MR.K.SHANAVAS KHAN. 2. R.ASHOK KUMAR, AGED 45 YEARS, S/O.RAJASHEKARAN PILLAI, FIRST GRADE SURVEYOR, ESTABLISHMENT, TALUK OFFICE, KOLLAM DISTRICT. BY ADV. SRI.T.M.SUNIL SMT.S.CHITHRA RESPONDENT(S): RESPONDENTS -------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS GOVERNMENT SECRETARY, DEPARTMENT OF SURVEY & LAND RECORDS, TRIVANDRUM. 2. DIRECTOR OF SURVEY, TRIVANDRUM. 3. BIJU PRABHAKARAN, S/O.PRABHAKARAN, ASSISTANT SECRETARY, SURVEY & LAND RECORDS, VAZHUTHACAUD, TRIVANDRUM. BY GOVERNMENT PLEADER SRI.BENNY GERVASIS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 08/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & P.Q.BARKATH ALI, JJ. ----------------------------------------- W.A.No.2225 of 2009 ----------------------------------------- Dated this the 8th day of October, 2009 JUDGMENT Kurian Joseph,J. Appellants are the petitioners. Though various averments are made in the writ petition and though several contentions are taken before us, the basic and the crucial grievance pertains to the transfer of the second petitioner from Kollam to Trivandrum as per Ext.P5. It is seen that the second petitioner himself has filed Ext.P6 before the Director of Survey and the Association has submitted Ext.P7 before the Minister for Revenue. The transfer essentially being an issue concerning an individual employee, it is only appropriate that the second petitioner submits a representation before the Government. It will be open to the Association to pursue various other grievances before the Government or in appropriate proceedings. Therefore, the writ appeal is disposed of as follows. In the event of the second petitioner filing an appropriate W.A.No.2225 of 2009 -:2:- representation before the first respondent within a period of two weeks from today, the matter will be considered by the first respondent within another three weeks. In case the substitute has not joined duty, the status quo obtaining as on today shall continue till such time. The judgment under appeal will stand modified to the above extent. (KURIAN JOSEPH, JUDGE) (P.Q.BARKATH ALI, JUDGE) ahg. KURIAN JOSEPH & P.Q.BARKATH ALI, JJ. --------------------------- W.A.No.2225 of 2009 ---------------------------- JUDGMENT 8th October, 2009