IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 22ND AUGUST 2011 / 31ST SRAVANA 1933 WP(C).No. 21804 of 2011(A) ---------------------------------------- PETITIONER(S): ------------------------- B.V.VIJAYA KUMAR,S/O.BHUVANANDRAN, U.D.CLERK,VAHAKKAD GRAMA PANCHAYATH,MALAPPURAM DISTRICT,RESIDING AT CHARUVIL VEEDU, CHANDANATHOPPE.P.O,KOTTARAKKARA,KOLLAM. BY ADV. SRI.B.MOHANLAL SRI.SAIJU S. SRI.T.PRASAD RESPONDENT(S): -------------------------- 1. STATE OF KERALA,REPRESENTED BY THE SECRETARY TO GOVERNMENT,LOCAL SELF GOVERNMENT DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM.PIN-695 001 2. THE DIRECTOR OF PANCHAYATH,PUBLIC OFFICE BUILDING,MUSEUM,PALAYAM.P.O, THIRUVANANTHAPURAM.PIN-691 003 R1 & R2 BY GOVERNMENT PLEADER SMT.SMITHA SUKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.21804/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE ORDER NO.D3-700/2005 DATED 28/07/2007 ISSUED BY THE DEPUTY DIRECTOR OF PANCHAYATHS, MALAPPURAM. P2 COPY OF THE RELIEVING ORDER NO.A1/6933/2010 DATED 18/05/2010 ISSUED BY THE SECRETARY, CHEAKODE GRAMA PANCHAYATH. P3 COPY OF THE APPLICATION 29/12/2010 SUBMITTED BY THE PETITIONER FOR GENERAL TRANSFER BEFORE THE 2ND RESPONDENT. P4 COPY OF THE G.O.(MS) NO.105/2007/LSGD DATED 04/04/2007 ISSUED BY THE 1ST RESPONDENT. P5 COPY OF THE G.O.(MS)NO.54/2008/LSGD DATED 03/03/2008 ISSUED BY THE 1ST RESPONDENT. P6 COPY OF THE RELEVANT PAGES OF THE DRAFT LIST NO.E1-33200/2010 DATED 28/01/2011. P7 COPY OF THE DISABILITY CERTIFICATE DATED 17/12/2010 ISSUED BY THE MEDICAL BOARD A.A.RAHIM MEMORIAL DISTRICT HOSPITAL, KOLLAM TO THE PETITIONER'S ELDER BROTHER SRI.MURUGAN.B.V. P8 COPY OF THE DISCHARGE CARD DATED 23/01/2011 ISSUED FROM MEDICAL COLLEGE HOSPITAL, THIRUVANANTHAPURAM TO THE PETITIONER'S FATHER. P9 COPY OF THE PROCEEDINGS AND REPRESENTATION DATED 31/01/2011 FILED BY THE PETITIONER TO THE 2ND RESPONDENT. P10 COPY OF THE GENERAL TRANSFER ORDER 2011 ORDER NO.E4-04/2011 DATED 10/05/2011 ISSUED BY THE 2ND RESPONDENT. P11 COPY OF THE REPRESENTATION DATED 28/05/2011 SUBMITTED BY THE PETITIONER THROUGH PROPER CHANNEL TO THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO.JUDGE sts C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.21804 OF 2011 -------------------------------------------- Dated this the 22nd day of August, 2011 JUDGMENT The petitioner is presently working as U.D Clerk in Vahakkad Grama Panchayat, Malappuram District. This Writ Petition has been filed challenging Ext.P10 order of transfer. The grievance of the petitioner is that while issuing Ext.P10, his claim based on seniority was overlooked. That apart, it is contended that the grounds raised by the petitioner for compassionate consideration for transfer was also not taken into consideration while passing Ext.P10. Raising such contentions, the petitioner has already preferred Ext.P11 representation. It is still pending before the first respondent. In the said circumstances, without making any observation as to the merits of the contentions, this Writ Petition is disposed of with a direction to the first respondent to consider and pass orders on Ext.P11 expeditiously, at any rate, within a period of one month from the date of receipt of a copy of this judgment. Needless to say that person/ persons likely to be affected shall also be put on notice before passing orders on Ext.P11. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO. 2 C.T. RAVIKUMAR, J. JUDGMENT September, 2010 W.P.(C) NO. 3