IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 9TH JULY 2009 / 18TH ASHADHA 1931 WP(C).No. 18139 of 2009(J) ---------------------------------------- PETITIONER(S): -------------------------- DAISY, D/O.RAJAMMA, AGED 41, THIRD GRADE OVERSEER, LSGD SECTION, THIRUPURAM, POOVAR, THIRUPURAM GRAMA PANCHAYATH, NOW RESIDING AT D.B.BHAVAN, KAKKARAVILA, PRAMOOTTUKADA PO. BY ADVS. MR.R.T.PRADEEP, MR.V.VIJULAL. RESPONDENT(S): ---------------------------- 1. THE PRINCIPAL SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER, LSGD, THIRUVANANTHAPURAM. 3. CHITRA, ASSISTANT ENGINEER, LSGD SECTION, POOVAR GRAMA PANCHAYATH. 4. ROBINBRIGHT, THIRD GRADE OVERSEER, KOOTTICKAL/PARATHODE GRAMA PANCHAYATH, KOTTAYAM DISTRICT NOW JOINED AT LSGD SECTION, POOVAR/THIRUPURAM GRAMA PANCHAYATH. BY GOVERNMENT PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.RAVINDRAN, J. ----------------------------- W.P(C) No.18139 of 2009-J ------------------------------ Dated this the 9th day of July, 2009. J U D G M E N T Heard Sri.R.T.Pradeep, the learned counsel appearing for the petitioner and Smt.Anu Sivaraman, the learned Government Pleader appearing for respondents 1 and 2. In the nature of the order that I propose to pass, I do not deem it necessary to issue notice to or hear respondents 3 and 4. 2. The petitioner is presently working as Overseer Gr.II in Poovar/Thirupuram Grama Panchayat. She joined duty in the said station on 31.5.2007. The petitioner was transferred and posted in Mattathoor/Kodakara Grama Panchayat under the Kodakara Block Panchayat by Ext.P4 order dated 26.6.2009. The fourth respondent is the substitute appointed in the place of the petitioner. As per the order of transfer, the fourth respondent was relieved from his station and he joined duty in Poovar Grama Panchayat with effect from 27.6.2009. Aggrieved by Ext.P4 order, the petitioner filed a representation before the Principal Secretary to Government, Local Self Government Department seeking cancellation of the order of transfer. This writ petition was also filed on the very same date. In this writ petition the petitioner challenges the order transferring her from Poovar Grama Panchayat to Mattathoor W.P(C) No.18139 of 2009-J 2 Grama Panchayat. 3. The learned Government Pleader appearing for the official respondents submits on instructions that the petitioner was transferred out after the complaint made by the third respondent was enquired into and a report obtained from the Assistant Engineer. She also submitted that the original of Ext.P5 has been received by the Secretary to Government, Local Self Government Department and that the Government will consider the same and pass orders thereon expeditiously. In my opinion as the order of transfer has taken effect and the petitioner has moved the Government, she should await the decision of the Government before seeking the intervention of this Court. Ext.P4 order of transfer discloses that the petitioner was transferred out in view of the complaints about her. The petitioner contends that the third respondent has out of personal animosity levelled false allegations against her. In my opinion, it is for the Government to consider these aspects also, while passing orders on Exhibit P5. I accordingly dispose of this writ petition with the following directions: The Secretary to Government, Local Self Department shall consider the request made by the petitioner in Exhibit P5 and take a decision thereon after affording the petitioner and the third respondent a W.P(C) No.18139 of 2009-J 3 reasonable opportunity of being heard. Final orders in the matter shall be passed within two months from the date on which the petitioner produces a certified copy of this judgment before the Secretary to Government, Local Self Government Department. Sd/- P.N.RAVINDRAN JUDGE //True Copy// PA to Judge ab