IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 14TH OCTOBER 2009 / 22ND ASWINA 1931 WP(C).No. 28925 of 2009(I) -------------------------- PETITIONER(S): ------------------------- M.G.RAMACHANDRAN, L.D.CLERK, MOOTHEDAM GRAMA PANCHAYAT, P.O.KARAPPURAM, MALAPPURAM DISTRICT-679 331. BY ADV. SRI.N.SUGATHAN SMT.VARSHA BHASKAR SRI.S.PRASANTH (AYYAPPANKAVU) RESPONDENT(S): --------------------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY, MALAPPURAM DISTRICT PANCHAYAT, MALAPPURAM. 3. THE SECRETARY, MOOTHEDAM GRAMA PANCHAYAT, P.O.KARAPPURAM, MALAPPURAM DISTRICT-679 331. BY SR. GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).28925/2009 -------------------- Dated this the 14th day of October, 2009 JUDGMENT Petitioner who is a permanent employee in the Agricultural Department was deployed to the LSGD and posted in the Moothedam Grama Panchayat in Malappuram District. His term of deployment continued on his request. In the meanwhile, Government issued Ext.P1 order dated 29.5.2008, requiring the Head of Local Self Government Institutions to report whether personnel who are on deployment from other Departments are willing to serve in their office for two more years. It is made clear that such willing personnel in the Local Self Government Institutions should be automatically allowed to continue. Petitioner was on deployment, at the time when Ext.P1 was issued at the Moothedam Grama Panchayat and he expressed his willingness to continue on deployment for a further period of two years in the same station and in the same post as evidenced by Ext.P2. Apparently, his option was accepted by the Government and he was included in the list of employees whose deployment and posting in the Local Self W.P.(C).28925/09 2 Government Institutions was directed to continue for another period of two years as evidenced by Annexure-I to Ext.P3. 2. Petitioner therefore, continued on deployment in the Moothedam Grama Panchayat and according to him, he has shifted his residence and his school going children are also admitted in the schools at Moothedam. 3. While so, without any particular reason being discernible there from, Ext.P4 order was issued by the Government transferring the petitioner from Moothedam Grama Panchayat to the Malappuram District Panchayat. Petitioner approached the Government by Ext.P5 pointing out the above facts and specifically affirming that he has shifted his residence to Moothedam and his children are also admitted there. It is seen that due to the then intervening elections, Ext.P4 was kept in abeyance and in the meanwhile, as evidenced by Ext.P6, Panchayat had also requested the Government to continue the petitioner on deployment in Moothedam itself. W.P.(C).28925/09 3 4. By Ext.P7, Government reiterated Ext.P4 and it was therefore, that the petitioner again approached with Ext.P8. Panchayat also reiterated its request under Ext.P9. But now as per Ext.P10, Government has required respondents 2 and 3 to implement its earlier decision and report compliance. It is in these circumstances, petitioner has approached this Court. 5. Ext.P1 Government Order shows that the employees from other Departments, who are on deployment in Local Self Government Institutions, were permitted to continue on deployment in the same post, for another period of two years, if they submitted an option in that regard. Petitioner's option was accepted as evidenced by Annexure-1 to Ext.P3. In these circumstances, it is prima facie justified for the petitioner to insist on a continuance in Moothedam itself for the remaining period of his deployment. These matters among others shall therefore, be considered by the Government. 6. In the result, writ petition is disposed of directing the 1st respondent to consider Exts.P5 and P8 and any other supplementary representations that the petitioner may file W.P.(C).28925/09 4 and take a decision thereon, as early as possible, after taking note of Exts.P6 and P9 recommendations of the Panchayat as well. Till orders are passed by the Government in that regard, petitioner shall be permitted to continue on deputation in the Moothedam Grama Panchayat itself. Petitioner shall be heard in person by the Government, before a decision is taken as aforementioned. V.GIRI, Judge mrcs