IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 21ST JANUARY 2009 / 1ST MAGHA 1930 WA.No. 128 of 2009() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.31684/2008 Dated 10/12/2008 .................... APPELLANT(S): RESPONDENTS 3 & 4 IN WPC: --------------------------------------------------------------------- 1. JOHN K.THOMAS, SPECIAL GRADE SECRETARY, (UNDER ORDER OF TRANSFER) KONNATHADY GRAMA PANCHAYATH, KONNATHADY P.O., IDUKKI DISTRICT. 2. THE VANDANMEDU GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, VANDANMEDU P.O., IDUKKI DISTRICT. BY ADV. SRI.C.J.JOY SMT.SHOBA NAIR RESPONDENTS 1 & 2 IN WPC/PETITIONER: ---------------------------------------------------------------- 1. THE DIRECTOR OF PANCHAYATHS, DIRECTORATE OF PANCHAYATH, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF PANCHAYATH, OFFICE OF THE DEPUTY DIRECTOR OF PANCHAYATH, THODUPUZHA P.O., IDUKKI DISTRICT. 3. RAJAN VARGHESE, S/O.VARGHESE, AGED 51 YEARS, RESIDING AT ERAVIMANGALATH HOUSE, KALAVARIMOUNT P.O., THANKAMANI VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT EMPLOYED AS SPECIAL GRADE SECRETARY(UNDER ORDER OF TRANSFER) VANDANMEDU GRAMA PANCHAYATH, IDUKKI DISTRICT. GOVERNMENT PLEADER SMT. K.MEERA FOR R1 & R2 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 21/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B.KOSHY, Ag.C.J. & V.GIRI, J. -------------------------------------- W.A.No.128 of 2009 ------------------------------------- Dated 21st January, 2009 JUDGMENT Koshy, Ag.C.J . Writ petitioner who was working in Konnathady Grama Panchayat was transferred to Vandanmedu Grama Panchayat by Ext.P1 dated 20.10.2008. He joined there on 24.10.2008. On the same day by Ext.P5 he was transferred to Palakkad. Learned single Judge cancelled Ext.P5 by the impugned judgment. First appellant (third respondent in the writ petition) now posted in Vandanmedu Grama Panchayat has to be transferred to Konnathady Grama Panchayat. It is stated that the above place is about 80 kms. away from the place of his residence. Even though there is no ground to interfere with the judgment of the learned Single Judge, to accommodate the first appellant, we have asked the Government Pleader, whether he can be posted anywhere near to his residence. 2. Learned Government Pleader submitted that a retirement vacancy will arise in Elappara Grama Panchayat in Idukki District on 31.5.2009. Therefore, the first appellant shall be accommodated in Elappara Grama Panchayat on 31.5.2009 when that W.A.No.128/2009 2 vacancy arises. We also note that Elappara is one of the options preferred by the first appellant himself. The writ appeal is disposed of accordingly. J.B.KOSHY ACTING CHIEF JUSTICE V.GIRI JUDGE tks