IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 3RD FEBRUARY 2010 / 14TH MAGHA 1931 WP(C).No. 25895 of 2009(F) -------------------------------------- PETITIONER(S): ----------------------- 1. A.VASUDEVAN, PRESIDENT, VANDAZHI GRAMA PANCHAYAT, MUNDAPPALLOOR P.O. PALAKKAD. 2. I. ALI, SPECIAL GRADE SECRETARY, VANDAZHI GRAMA PANCHAYAT, MUNDAPPALLOOR P.O.PALAKKAD. BY ADV. MR.M.V.BOSE, MR.VINOD MADHAVAN, SMT.NISHA BOSE. RESPONDENT(S): ------------------------- 1. THE DIRECTOR OF PANCHAYATS, THIRUVANANTHAPURAM. 2. THE DISTRICT PROJECT CO-ORDINATOR, DISTRICT LITERACY MISSION, PALAKKAD. 3. K. SAFIYUMMA, W/O.ZAKIR, KUNNAMPALLI, MANGALAM DAM P.O. PALAKKAD. * ADDL. R4 IMPLEADED ADDL. R4: SMT.SUVARNA, D/O.VASU, MATHOOR, MUNDAPPALLOOR P.O., PALAKKAD DISTRICT. * ADDL. R4 IS IMPLEADED AS PER ORDER DATED 19/10/2009 IN I.A.11935/2009. R1 & R2 BY GOVERNMENT PLEADER MR.V. MANU. R3 BY ADV. MR.P.VIJAYA BHANU, MR.V.A.JOHNSON (VARIKKAPPALLIL). THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 25895/2009-F APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER OF THE HONOURABLE OMBUDSMAN IN O.P. NO. 1163/2008. EXT.P2: COPY OF THE GUIDE LINES DATED 21/04/2008 OF THE PRERAK/ASST. PREAK SELECTION. EXT.P3: COPY OF THE DECISION DATED 29/4/2008 OF THE VANDANAZHI PANCHAYAT. EXT.P4: COPY OF THE DECISION DATED 10/05/2000 OF THE VANDAZHY GRAMA PANCHAYAT. EXT.P5: COPY OF THE PROCEEDINGS DATED 09/05/2006 OF THE DISTRICT CO- ORDINATOR, DISTRICT LITERACY MISSION, PALAKKAD. EXT.P6: COPY OF THE DECISION OF THE VADAZHI GRAMA PANCHAYAT DATED 21/08/2008. EXT.P7: COPY OF THE CERTIFICATE DATED 10/09/2009. EXT.P8: COPY OF THE DISTRICT PROJECT CO-ORDINATOR, LITERACY MISSION PALAKKAD DATED 04/06/2009. EXT.P9: COPY OF THE ORDER DATED 02/04/2009 OF THE DIRECTOR. EXT.P10: COPY OF THE RESOLUTION DATED 08/09/2009 OF VADAZHI GRAMA PANCHAYAT. RESPONDENT'S EXHIBITS: EXT.R3(a): COPY OF THE REPORT PREPARED BY THE 1ST RESPONDENT. //TRUE COPY// P.S. TO JUDGE rs. ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.25895 OF 2009 (F) -------------------------------------------------- Dated this the 3rd day of February, 2010 J U D G M E N T Petitioners are the President and Secretary of Vandazhi Grama Panchayat. The writ petition is filed by them challenging Ext.P1 order passed in O.P.No.1163/2008 before the Ombudsman for Local Self Government Institutions. 2. The Original Petition was filed by the 3rd respondent herein complaining of irregularity in the selection and appointment of the additional 4th respondent as Assistant Prerak. A reading of Ext.P1 order passed by the Ombudsman show that the Ombudsman had issued the directions in Ext.P1 on the basis that in an irregularly conducted selection the additional 4th respondent was selected and was appointed. However, the pleadings in the writ petition show that although pursuant to the decision of the Panchayat taken on 7.4.2008 and the interview was conducted, the Panchayat took Ext.P6 resolution on 21.8.2008 to make appointments to the post of Assistant Prerak, from the ranked list in which the additional 4th respondent was Sl. No.1, in view of Exts.P2 and P9 appointments were not in fact WPC.No. 25895/09 :2 : made. If this be the actual position, the basis on which Ext.P1 order was passed is incorrect. 3. However, counsel for the 3rd respondent, the petitioner in the Original petition which lead to Ext.P1 order, submits that although additional 4th respondent was not appointed on regular basis, she has been engaged on daily wages and that she is still continuing in that post. However, counsel for the petitioner is definite in his submission that no such engaged has been made and that the additional 4th respondent was never been engaged by the Panchayat. In such a situation, I am satisfied that the premise on which Ext.P1 order has been passed is erroneous, in which event the order is vitiated and therefore call for interference. Ext.P1 will stand set aside. Writ petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/ WPC.No. 25895/09 :3 :