IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 1ST DECEMBER 2009 / 10TH AGRAHAYANA 1931 WP(C).No. 34368 of 2009(M) -------------------------- PETITIONER(S): ------------------ SIVARAMAN K.M, S/O.K.M. MANIKKAM, KODAKKATTIL HOUSE, HOUSING BOARD COLONY, MARUTHAMPILLY DESOM, KODAKARA, THRISSUR DIST. BY ADV. SRI.C.V.MILTON RESPONDENT(S): ------------------- 1. THE DIRECTOR OF PANCHAYATH, SECRETARIAT, THIRUVANANTHAPURAM. 2. UNDER SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT, THIRUVANANTHAPURAM. 3. STATE OF KERALA, REP. BY THE SECRETARY TO GOVT. LOCAL SELF GOVT. THIRUVANANTHAPURM. GOVT.PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 34368 OF 2009 (M) ===================== Dated this the 1st day of December, 2009 J U D G M E N T Petitioner submits that while working as Executive Officer, he was transferred and posted to Thondarnad Panchayat. However, there was no vacancy available and that it was only after two months and 11 days that he was reposted to Mullassery Panchayat where a vacancy was available. 2. Taking into account the fact that he was kept out of service on account of the action of the respondents themselves, Ext.P2 order is stated to have been passed by the 2nd respondent directing that the period he was kept out of service shall be treated as duty with all benefits. According to the petitioner, despite this, wages for the aforesaid period has not been paid. It is also stated that inspite of Ext.P3 representation and Ext.P4 notice issued to the 1st respondent, there has not been any progress in the matter. 3. If as stated by the petitioner, Ext.P2 order has become final, the petitioner may be justified in claiming benefits for the period he was allegedly kept out of service. In any case, having WPC 34368/09 :2 : regard to the fact that the issue is pending consideration of the 1st respondent, I dispose of this writ petition directing the 1st respondent to deal with the claim raised by the petitioner in Ext.P4 in the light of Ext.P2. This shall be done, as expeditiously as possible, at any rate within 6 weeks of production of a copy of this judgment along with a copy of this writ petition. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp