IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 28TH OCTOBER 2011 / 6TH KARTHIKA 1933 WP(C).No. 28547 of 2011(P) -------------------------- PETITIONER: --------------- D.GOPIDAS, PEON,CORPORATION OF THRISSUR BY ADV. MR. P.SANTHOSH KUMAR (PANAMPALLI NAGAR) MR. LUIZ GODWIN D'COUTH MR. K.P.CHANDRASEKHAR RESPONDENTS: --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM 695 001 2. THE DIRECTOR, MUNICIPAL ADMINISTRATION, THIRUVANANTHAPURAM 695 001 3. THE SECRETARY, MUNICIPAL CORPORATION, THRISSUR 680 001 R1 AND R2 BY SENIOR GOVERNMENT PLEADER MR. E.M. ABDUL KHADER R3 ADV. MR. K.P.VIJAYAN MR. V.M.SYAM KUMAR MS. KRIPA ELIZABETH MATHEWS MR. V.N.HARIDAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/10/2011, ALONG WITH WPC NO. 28556 OF 2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) 28547 OF 2011 APPENDIX PETITIONER'S EXHIBITS : EXT.P1 TRUE COPY OF THE ORDER G.O(MS) NO.98/2007/LSGD DATED 30-03-2007 EXT.P2 TRUE COPY OF G.O(MS) NO.145/2008/LSGD DTD 27-05-2008 EXT.P3 TRUE COPY OF ORDER NO.223/2006 DTD 3-10-2006 EXT.P4 TRUE COPY OF ORDER DATED 13-2-2006 EXT.P5 TRUE COPY OF THE RECOMMENDATION DATED 18-10-2007 IN RESPECT OF THE PETITIONERS EXT.P6 TRUE COPY OF RECOMMENDATION DATED 17-11-2009 IN RESPECT OF PETITIONERS EXT.P7 TRUE COPY OF JUDGMENT IN WPC NO.13193/2011 EXT.P8 TRUE COPY OF ORDER DATED 5-9-2011 OF THE GOVT. RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P (C) Nos. 28547 & 28556 of 2011 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 28th October, 2011 JUDGMENT The issue involved in both these cases is rather similar. For the sake of convenience, the prayers sought for in W.P.(c) No. 28556 of 2011 and Exhibits marked therein are referred to. The prayers are as given below: i. issue a writ of mandamus or any other appropriate writ, order or direction declaring that the petitioner are entitled for transfer appointment to the category of Lower Division Clerk / Bill Collector in the Municipal Common Service for any vacancies which arose from 01.04.2007 ii. issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents 1 and 2 to promote the petitioners as Lower Division Clerk/Bill Collector by way of transfer appointment from the vacancies earmarked for qualified Class IV employees. iii. to issue a writ of mandamus or any other appropriate writ, order or direction directing the 2nd respondent to implement Ext. P8 order and pass appropriate orders within a time frame fixed by the Hon'ble Court. iv. to grant such other reliefs which this Hon'ble Court may deem fit. just and proper in the circumstances of the case. 2. Heard the learned counsel for the petitioner in both the cases and learned standing counsel for the Trichur Corporation and learned Government Pleader appearing for other respondents. W.P. (C) No. 28547 & 28556 of 2011 : 2 : 3. During the course of hearing, the learned counsel for the respondent Corporation submits that, the Corporation has considered the grievance of the petitioners and issued Exts. P2, P5 and P6, which virtually support the case of the petitioners. More over, pursuant to the directions given by this Court vide Ext. P7, the matter was considered by the Government, who has passed Ext. P8 order dated 05.09.2011, whereby consequential directions have been given, to be pursued and finalized by the second respondent herein. The petitioner in W.P.(C) No. 28547 of 2011 is also stated as eligible for similar benefit as provided in Ext. P8. 4. Considering the facts and circumstances, this Court finds that the matter requires to be considered by the second respondent so as to give effect to Ext. P8. In the said circumstances, the second respondent is directed to consider the matter and to take consequential steps to give effect to Ext. P8 and grant benefits to the petitioners to the extent they are entitled and eligible by virtue of the same. The proceedings as above shall be finalized as expeditiously as possible and due amount shall be disbursed to the petitioners at the W.P. (C) No. 28547 & 28556 of 2011 : 3 : earliest, at any rate, within three months from the date of receipt of a copy of this judgment. Both the Writ Petitions are disposed of. Sd/- P. R. RAMACHANDRA MENON, JUDGE kmd