IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 10TH AUGUST 2010 / 19TH SRAVANA 1932 WP(C).No. 15947 of 2010(P) -------------------------- PETITIONER(S): ----------------------- MANOJ.T.J, S/O.JOSE, THAZHATHUPURAM, KODALY, PADI.P.O, THRISSUR. (LDC, MATTATHUR GRAMA PANCHAYAT). BY ADV. SRI.P.DEEPAK RESPONDENT(S): --------------------- 1. THE DEPUTY DIRECTOR OF PANCHAYATS, THRISSUR. 2. RATHEESH.C.R, LDC, PUTHENCHIRA GRAMA PANCHAYAT. GOVT.PLEADER SRI.ANTONY MUKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.15947/10 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE ORDER OF THE TAHSILDAR, MUKUNDAPURAM DT 20.3.2010. EXT.P2: TRUE COPY OF THE GOVERNMENT ORDER DT 10.3.2010. EXT.P3: TRUE COPY OF THE GOVERNMENT ORDER DT 30.3.2010. EXT.P4: TRUE COPY OF THE COVERING LETTER OF THE SECRETARY, PUTHENCHIRA GRAMA PANCHAYAT DT 30.3.2010 ADDRESSED TO THE 1ST RESPONDENT. EXT.P5: TRUE COPY OF THE GENERAL ORDER OF TRANSFER DT 26.4.2010. EXT.P6: TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT DT 4.5.2010. EXT.P7: TRUE COPY OF THE RELIEVING CERTIFICATE DT 5.5.2010. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 15947 OF 2010 (P) ===================== Dated this the 10th day of August, 2010 J U D G M E N T Petitioner was an Upper Division Clerk working in the Puthenchira Grama Panchayat. By Ext.P1 order issued by the Charge Officer, Census of India 2011, petitioner was appointed as an Enumerator. Subsequently, Government of Kerala issued Ext.P2 order dated 10/3/2010 freezing transfers of persons appointed as Enumerators and other Census Officers. Ext.P3 order shows that the freezing of transfer ordered as per Ext.P2, has been extended till 31/5/2011. 2. Thus, while the petitioner was working as Enumerator on the strength of Ext.P1, enjoying the freezing of transfer ordered as per Exts.P2 and P3, Ext.P5 order was issued on 26/4/2010, by which the Deputy Director of Panchayat, Trichur has transferred and posted the petitioner to Mattathur Grama Panchayat. It is challenging Ext.P5, the writ petition is filed. Ext.P7 shows that in pursuance to Ext.P5, the petitioner has been relieved from Puthenchira Grama Panchayat. 3. Exts.P2 and P3 are orders freezing transfers of WPC No. 15947/10 :2 : Enumerators and as long as the petitioner continues as Enumerator on the strength of Ext.P1, petitioner could not have been transferred. Since Ext.P5 order has been issued during the currency of Ext.P1, and as the petitioner is entitled to the benefit of Exts.P2 and P3, Ext.P5 to the extent it transfers the petitioner is illegal. 4. Therefore, Ext.P5 to the extent, the petitioner is transferred from Puthenchira Grama Panchayat to Mattathur Grama Panchayat is quashed. Writ petition is allowed as above. ANTONY DOMINIC, JUDGE Rp