IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 17TH JULY 2009 / 26TH ASHADHA 1931 WP(C).No. 33280 of 2006(J) -------------------------------------- PETITIONER(S): --------------------- 1. D. DINESH, PEON, VALLIKKUNNAM GRAMA PANCHAYAT, VALLIKKUNNAM P.O., ALAPPUZHA. 2. REGI K. JOSEPH, PEON, PERFORMANCE AUDIT UNIT III, MANNAR, ALAPPUZHA. 3. N. BINU, PEON, OFFICE OF THE ASSISTANT DIRECTOR OF PANCHAYATHS, ALAPPUZHA. BY ADV. MR.ELVIN PETER P.J. MR.C.X.ANTONY BENEDICT RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, LOCAL ADMINISTRATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PANCHAYATHS, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF PANCHAYATHS, ALAPPUZHA. 4. V.N. SOBHANA, LOWER DIVISION CLERK, CHINGOLI PANCHAYAT, CHINGOLI P.O., ALAPPUZHA. 5. S.PRASANNA, LOWER DIVISION CLERK, KAVALAM PANCHAYATH, KAVALAM P.O., ALAPPUZHA. 6. L.VALSALA, LOWER DIVISION CLERK, MANNAR PANCHAYAT, MANNAR P.O., ALAPPUZHA. WP(C).No. 33280 of 2006(J) 7. H.A. RAMLATH, LOWER DIVISION CLERK, PALAMEL PANCHAYATH, PALAMEL P.O., ALAPPUZHA. 8. N.P.JAYAKUMAR, LOWER DIVISION CLERK, AROOR PANCHAYAT, AROOR P.O., ALAPPUZHA. 9. MANIYAMMA, LOWER DIVISION CLERK, KANDALLOOR GRAMA PANCHAYAT, KANDALLOOR P.O., ALAPPUZHA. 10. K.K.OMANA, LOWER DIVISION CLERK, AALA GRAMA PANCHAYATH, AALA P.O., ALAPPUZHA. 11. K.G.VIPINACHANDRAN, LOWER DIVISION CLERK, KAVALAM PANCHAYAT, KAVALAM P.O., ALAPPUZHA. 12. T.K.VIJAYAMMA, LOWER DIVISION CLERK, PATHIYOOR PANCHAYAT, PATHIYOOR P.O., ALAPPUZHA. 13. T.R.RAMACHANDRAN, LOWER DIVISION CLERK, NOORANAD PANCHAYAT, NOORANAD P.O., ALAPPUZHA. 14. K.L.AYAYAN, LOWER DIVISION CLERK, ARATTUPUZHA GRAMA PANCHAYAT, ARATTUPUZHA P.O., ALAPPUZHA. *ADDL. R15 TO R22 IMPLEADED ADDL. R15: JAMALU B., S/O.MAMMUNNI, AGED 46 YEARS, GOLIADI HOUSE, BADIAKA, PERDALA P.O., KASARAGOD DISTRICT, PART-TIME LIBRARIAN, ENMAKAYI GRAMA PANCHAYATH. ADDL. R16: K. BALAN, S/O.KANNAN, AGED 48 YEARS, PONNUMUNDA, BALAL P.O., KASARAGOD, FULL-TIME SWEEPER, UDUMA GRAMA PANCHAYATH. ADDL. R17: B.A. MALINKUNHI, S/O.ABBAS MUSLIYAR, AGED 38 YEARS, AL AMEEN MANZIL, BIRMINADKA, KASARAGOD, POUND-KEEPER, KARADKA GRAMA PANCHAYATH. ADDL. R18: VISHALU G., W/O.PRAKASAN K., AGED 32 YEARS, VISHNU NIVAS, KIZHOOR KADAPURAM, CHANDRAGIRI P.O., KASARAGOD, PART-TIME SWEEPER, KARADKA GRAMA PANCHAYATH. WP(C).No. 33280 of 2006(J) ADDL. R19: KARUNAKARAN NAMBIAR, S/O. LATE P. KUNHAMBU NAMBIAR, MULARKAMTHOTTY HOUSE, KOMPANADUKAM, CHEMNAD P.O., KASARAGOD, PART-TIME LIBRARIAN, MOGRAL GRAMA PANCHAYAT. ADDL. R20: AMMINI K.N., W/O.SASIKUMAR P., SREENANDANAM HOUSE, SHIRIBAGILU POST, PERIADUKA, KASARAGOD, FULL TIME SWEEPER, UDAMA GRAMA PANCHAYAT. ADDL. R21: RAGHAVAN A.T., S/O.CHANDANVELICHAPADA, AGED 42 YEARS, AMBEMOOLA HOUSE, P.O. MULLERIA, KASARAGOD, FULL-TIME SWEEPER, NILESWARA GRAMA PANCHAYAT. ADDL. R22: A.R. RAJESHKUMAR, S/O.KAMALA NAIK, AGED 33 YEARS, KOTTAKAVINI HOUSE, RAMDAS NAGAR P.O., KASARAGOD, PART-TIME LIBRARIAN, KARADUKA GRAMA PANCHAYATH. * ARE IMPLEADED AS PER ORDER DATED 13/10/2008 IN I.A.12673/2008. R1 TO R3 BY GOVERNMENT PLEADER MR.ANTONY MUKKATH. R6 & R7 BY ADV. MR.RASHEED C.NOORANAD, R4, R5, R8 TO R14 BY ADV. MR.M.SASINDRAN. R15 TO R22 BY ADV. MR.V.N.RAMESAN NAMBISAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 33280 of 2006(J) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE SENIORITY LIST OF PEONS IN THE PANCHAYAT DEPARTMENT OF ALAPPUZHA FROM 01/01/1990 TO 15/05/2004. EXT.P2: COPY OF THE G.O. DATED 06/01/1995 OF THE GOVERNMENT. EXT.P3: COPY OF THE ORDER DATED 08/06/2006 OF THE GOVERNMENT. EXT.P4: COPY OF THE ORDER DATED 03/08/2006 OF THE GOVERNMENT. EXT.P5: COPY OF THE ORDER DATED 09/10/2006 OF THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. P.N.RAVINDRAN, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C) No. 33280 of 2006 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 17th day of July, 2009 JUDGMENT Heard Sri. Elvin Peter P.J., the learned counsel appearing for the petitioner, Sri.Antony Mukkath, the learned Government Pleader appearing for respondents 1 to 3, Sri.M.Sasindran, the learned counsel appearing for respondents 4, 5 and 8 to 14, Sri.C.Rasheed, the learned counsel appearing for respondents 6 and 7 and Sri.V.N.Ramesan Nambisan, the learned counsel appearing for respondents 15 to 22. 2. The petitioners are Peons working in various panchayats. They have filed this writ petition challenging Ext.P5 order to the extent it promotes part-time and full-time contingent staff of local authorities to the higher post of Lower Division Clerks. The petitioners contend that full-time and part-time contingent employees of local authorities are not entitled to be included in the feeder category for promotion to the post of Lower Division Clerks in the Kerala Panchayat Subordinate Service. 3. The learned Government Pleader appearing for the official respondents submits that a learned Single Judge of this Court has by judgment delivered on 31-10-2008 in W.P.(C) No. 32167 of 2006 and connected cases directed the Government to take a final decision on the proposed amendment to the Special Rules and that in view of the interim W.P.(C) No. 33280/06 2 order passed by this Court in this writ petition the Government have not been able to act as directed by this Court in the aforesaid judgment. A copy of the judgment in W.P.(C) No. 32167 of 2006 and connected cases was also made available to me for perusal. In my opinion, the issue raised in this writ petition is covered by the decision of this Court in W.P.(C) No. 32167 of 2006 and connected cases. I accordingly dispose of this writ petition with a direction to the Government to carry out and implement the directions issued by this Court in W.P.(C) No. 32167 of 2006 within a period of three months from the date of receipt of a certified copy of this judgment. The directions issued by the learned Single Judge in the judgment delivered on 31-10- 2008 in W.P.(C) No. 32167 of 2006 and connected cases will govern this case also. It will be open to the petitioners, if they are aggrieved by the decision of the Government, to challenge the same in other appropriate proceedings. Their contentions on the merits are kept open. P.N.RAVINDRAN, JUDGE. mn.