IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 16TH AUGUST 2011 / 25TH SRAVANA 1933 WP(C).No. 22185 of 2011(W) -------------------------- PETITIONER: --------------- VIDHU A.MENON, S/O.ARAVINDAKSHA MENON, SPECIAL GRADE SECRETARY, KORATTY GRAMA PANCHAYATH, KORATTY, THRISSUR DISTRICT. BY ADV. SRI.M.SASINDRAN SRI.V.VENUGOPAL RESPONDENTS: --------------- 1. THE DIRECTOR OF PANCHAYATH, THIRUVANANTHAPURAM-695001. 2. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, DEPARTMENT OF LOCAL SELF GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001. 3. P.MOHANAN, SPECIAL GRADE SECRETARY, PERUMPADAPPU GRAMA PANCHAYATH, MALAPPURAM-673001. BY GOVERNMENT PLEADER SMT. SMITHA SUKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 22185 OF 2011(W) APPENDIX PETITIONER'S APPENDIX: EXT.P1 : A TRUE COPY OF THE ORDER NO.E1-10/2007 DATED 1.12.2009 EXT.P2 : A TRUE COPY OF THE RELEVANT PAGE OF THE ORDER DATED 13.4.2010 EXT.P3 : A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED 27.12.2010 EXT.P4 : A TRUE COPY OF THE RELEVANT PAGES OF THE DRAFT LIST PREPARED AND PUBLISHED BY THE OFFICE OF THE 1ST RESPONDENT, THE DIRECTOR OF PANCHAYAT DATED 28.1.2011 EXT.P5 : A TUE COPY OF THE RELEVANT PAGES OF THE PROCEEDINGS OF THE FIRST RESPONDENT DATED 3.8.2011 EXT.P6 : A TRUE COPY OF THE RELIEVING CERTIFICATE ISSUED FROM THE TANLUR GRAMA PANCHAYAT TO THE FIRST RESPONDENT DATED 8.8.2011 EXT.P7 : A TRUE COPY OF THE LETTER SEND BY THE SECRETARY OF THE KORATTY GRAMA PANCHAYAT TO THE FIRST RESPONDENT DATED 8.8.2011 EXT.P8 : A TRUE COPY OF THE ORDER NO.E1-10/2011 DATED 10.8.2011 EXT.P9 : A TRUE COPY OF THE G.O.(MS) NO.105/07/LSGD DATED 4.4.2007 RESPONDENTS' APPENDIX: NIL //TRUE COPY// P.A. TO JUDGE jma C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C)No. 22185 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of August, 2011 J U D G M E N T The petitioner is presently working as Secretary in Koratty Grama Panchayat. While working as such at Thanalur Grama Panchayat he submitted Ext.P3 application prior to the issuance of general transfer opting Koratty Grama Panchayat as his first choice. Ext.P4 is the draft list published on 28.1.2011 proposing transfer and posting of the petitioner to Koratty Grama Panchayat. Subsequently, as per Ext.P5 order dated 3.8.2011, the petitioner was transferred and posted to Koratty Grama Panchayat in Thrissur District. Pursuant to Ext.P7 he joined the present station on 8.8.2011. Hardly within 3 days since his joining Ext.P8 order dated 10.8.2011 was passed transferring and posting the petitioner to Thiruvarp Grama Panchayat in Kannur District. It is challenging Ext.P8 order of transfer that this writ petition has been filed. 2. In Ext.P8 it is stated that Ext. P5 order whereby the petitioner was transferred and posted to Koratty Grama Panchayat in Thrissur District is partially modified only on public interest. Evidently, the petitioner was transferred and WPC.No.22185/2011 : 2 : posted to Koratty Grama Panchayat after considering Ext.P3 application. Ext.P4 would reveal that after considering Ext.P3 application he was proposed to be transferred and posted to Koratty Grama Panchayat and that proposal was confirmed by issuing Ext.P5. He joined there only on 8.8.2011. What exactly is the public interest that arose in between the period from 3.8.2011 and 10.8.2011 is not discernible from Ext.P8 order of transfer. In fact, it was within three days since his joining at Koratty Grama Panchayat that the petitioner was transferred as per Ext.P8 dated 10.8.2011. Ext.P8 is an order issued by the Director of Panchayat, the Head of the Department. In case, any transferee got any grievance with respect to an order of transfer passed by the Head of the Department it would be open to the concerned transferee to approach the Government raising grievance against the same. In that view of the matter, this writ petition is disposed of granting liberty to the petitioner to move the Government raising his claims and contentions as also grievances against Ext.P8. The petitioner may do so within ten days from the date of receipt of copy of this judgment. True that the first respondent has cloaked the expression 'public interest' while transferring the petitioner as per Ext.P8. Government shall WPC.No.22185/2011 : 3 : consider what was the 'public interest' that emerged in between 3.8.2011 and 10.8.2011 that necessitated the transfer of the petitioner within 3 days since his joining at Koratty Grama Panchayat. Considering the fact that the petitioner had joined in the present station only on 8.8.2011 and has not so far been relieved from the said station, he shall be permitted to continue in the present station itself till a decision is taken and communicated to the petitioner. Needless to say that any person/persons likely to be affected in case of a favourable consideration of such a representation filed by the petitioner, including the 3rd respondent, shall also be put on notice before taking any decision on such representation, if filed within the above stipulated time. Such a decision shall be taken expeditiously, at any rate, within a period of one month from the date of receipt of copy representation from the petitioner. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge