IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 7TH JANUARY 2010 / 17TH POUSHA 1931 WP(C).No. 15087 of 2009(E) ----------------------------------- PETITIONER(S): -------------------- P.V.RAJAN, LOWER DIVISION CLERK, PARIYARAM GRAMA PANCHAYAT, PARIYARAM, KANNUR. BY ADV. SRI.P.C.SASIDHARAN RESPONDENT(S): ----------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, VIGILANCE DEPARTMENT, GOVERNMENT OF KERALA, TRIVANDRUM. 2. THE DIRECTOR OF VIGILANCE & ANTI CORRUPTION BUREAU, VIGILANCE DIRECTORATE, TRIVANDRUM. 3. THE DIRECTOR OF PANCHAYATHS, PANCHAYAT DIRECTOR, TRIVANDRUM. GOVERNMENT PLEADER SRI. ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 15087 of 2009 APPENDIX Petitioners Exhibits: Ext.P1: COPY OF ADVICE MEMO DATED 4.6.2004. Ext.P2: COPY OF PPOINTMENT ODER DATED 18.6.2004. Ext.P3: COPY OF APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. Ext.P4: COPY OF THE LETTER DATED 3.5.2008 Ext.P5: COPY OF THE COMMUNICATION SSUED BY THE INFORMATION OFFICER ATTACHED TO THE OFFICE OF THE 2ND RESPONDENT DATED 3.9.2009. Ext.P6: COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 3.10.2008. Ext.P7: COPY OF THE LETTER DATED 23.10.2008. Ext.P8: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 6.11.2008 Ext.P9: COPY OF COMMUNICATION DATED 3.1.2009 ISSUED BY THE 2ND RESPONDENT. Ext.P10: COPY OF THE REPRESENTATIO DATED 2.4.2009. /True copy/ P.A. To Judge K. SURENDRA MOHAN, J --------------------------------- WP(C) NO.15087 OF 2009 ------------------------------ Dated this the 7th day of January, 2010 J U D G M E N T The petitioner was a candidate including in the rank list for the post of LD Clerk in various department in Kannur District. The rank list was published by the Public Service Commission in the year 2004. When his turn arose for appointment, the petitioner was directed to be posted as LD Clerk to the Head Quarter vacancy in the Vigilance and Anti corruption Bureau at Thiruvananthapuram. Since the petitioner was selected for appointment in the Kannur district he requested for a posting in Kannur district itself. According to the representation of the petitioner, he has given posting to the Panchayat department, since vacancy was available only in the said department and posted to Kannur District. Since he was posted in the Panchayat department, he was treated as a junior most person in the Panchayat department on the ground that an inter district transferee. The petitioner immediately sought for re-transfer to his parent department. An application was submitted to the authorities. The authorities took the stand that he is not entitled to be considered before completing five years in the Panchayat WP(C) No.15087/09 2 department. The petitioner's grievance is that there is no justification for denying the transfer that is sought for by him. Ext.P9 is the proceedings of the Director, Vigilance and Anti Corruption Bureau rejecting his request for transfer. It is specifically mentioned therein that he had no further grievance and approached the Government in this regard. Accordingly, he has submitted Ext.P10 representation, which is pending consideration of the Government. In view of the above, this writ petition can be disposed of directing an expeditious disposal of the said representation. In the result, this writ petition is disposed of directing the first respondent to consider and pass orders on Ex.P10, representation as expeditiously as possible and at any rate within a period of two months from the date of receipt of this judgment, after giving an opportunity to the petitioner to be heard in the matter. No costs. K. SURENDRA MOHAN, JUDGE. sou.