IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 12TH NOVEMBER 2008 / 21ST KARTHIKA 1930 WP(C).No. 33325 of 2008(P) -------------------------- PETITIONER: -------------- RAJESH DAS, U.D.CLERK, EDAPPATTA GRAMA PANCHAYAT OFFICE, EDAPPATTA P.O., MALAPPURAM. BY ADV. SRI.KALEESWARAM RAJ RESPONDENTS: ---------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF LOCAL SELF GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PANCHAYAT, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF PANCHAYAT, MALAPPURAM. 4. THE DEPUTY DIRECTOR OF PANCHAYAT, ALAPPUZHA. 5. THE DEPUTY DIRECTOR OF PANCHAYAT, ERNAKULAM. BY GOVERNMENT PLEADER, SRI.P.NANDAKUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J ----------------------------- W.P.(C) NO: 33325 of 2008 ----------------------------- Dated this the 12th day of November, 2008 J U D G M E N T The petitioner, is presently working as Upper Division Clerk in the Edappata Grama Panchayat in Malappuram District. He was appointed as L.D.Clerk in the Sports Quota by Ext.P1 order of appointment issued on 17.03.2001. Relying on the stipulations in Ext.P1, the petitioner contends that he is entitled to be given a posting at a place of his choice and that claiming posting in Alappuzha, his home district, he has filed Ext.P5 representation dated 4.2.2008 before the Director of Panchayats. In this Writ Petition, the petitioner seeks a writ in the nature of mandamus commanding the respondents to transfer and post him in Alappuzha District or in the alternative to take a decision on Ext.P5. 2. Ext.P1 order inter alia states that candidates selected in the sports quota shall as far as possible be given a posting in the place of their choice with a view to enable them to continue their sports/games activities. Having regard to the fact that the petitioner was selected in the sports quota, on the terms of Ext.P1, it is only appropriate that the request made by the petitioner in Ext.P5 is considered at least at the time of general transfer during the next year. WP(C) No. 33325 of 2008 2 In these circumstances, I dispose of the Writ Petition with a direction to the second respondent to consider the request made by the petitioner in Ext.P5 in the light of stipulations in Ext.P1 Government Order and take a decision thereon while effecting general transfers during the year 2009. The petitioner may move a fresh representation and submit an application, in the prescribed form if required, claiming such transfer and posting. P.N.RAVINDRAN, JUDGE bps