IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 31ST MARCH 2011 / 10TH CHAITHRA 1933 WP(C).No. 9333 of 2011(N) ------------------------- PETITIONER(S): --------------- T.R.PRIYAN, SECRETARY, ERANJOLI GRAMA PANCHAYAT, KANNUR DISTRICT (NOW UNDER SUSPENSION), RESIDING AT THOTTATHIL HOUSE, NETTISSERI P.O., THRISSUR. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.BRIJESH MOHAN SMT.DHANYA CHANDRAN SRI.M.V.JOSEPH (ALAPPUZHA) RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVT.SECRETARIAT, TRIVANDRUM-695001. 2. THE DIRECTOR OF PANCHAYATS, TRIVANDRUM-695001. 3. THE DEPUTY DIRECTOR OF PANCHAYATS, KANNUR-670001. 4. ERANJOLI GRAMA PANCHAYAT, ERANJOLI P.O., KANNUR-670107, REPRESENTED BY ITS PRESIDENT. GOVT. PLEADER SRI. ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 9333 of 2011 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 31st day of March, 2011. J U D G M E N T The petitioner is a member of the Kerala Panchayat Subordinate Service. According to him, he has 23 years of service without any blemish. While he was working as Secretary of the Eranjoli Grama Panchayat in Kannur district, he was sanctioned 90 days' half pay leave as per Ext. P1 on the specific recommendation of the 4th respondent. Ext. P1 is the order granting leave, which stipulates that the petitioner shall rejoin duty in the very same Panchayat after leave. Pursuant thereto, the President of 4th respondent-Grama Panchayat on 29.1.2011 instructed the petitioner to rejoin duty forthwith. The direction was obeyed by the petitioner. Thereafter, by Ext. P2 resolution, the Panchayat objected to the posting of another Secretary in that Panchayat on reinstatement after suspension. On the ground that the petitioner was guilty of misconduct in rejoining duty without permission, the petitioner was suspended from service by Ext. P3 order. The situation was explained by the President of the Panchayat by Ext. P5 communication from the President to the Minister for Local Self Government. But the Government is not taking further action on the basis of Ext. P 5 is the grievance of the petitioner. The petitioner has filed this writ petition challenging the suspension and directing the Government to take action pursuant to Ext. P5 communication from the Panchayat to the Government. 2. When the matter was taken up on 24.3.2011, since this Court pointed out to the learned counsel for the petitioner that there is no request from the petitioner to review the suspension, the petitioner has now filed Ext. P6 petition before the Government for review of his suspension. The petitioner now seeks a direction to the -: 2 :- Government to consider and pass orders on Ext. P 6 in the light of Ext. P5 expeditiously. Having heard the learned Government Pleader also, I dispose of this writ petition with a direction to the 1st respondent to consider and pass orders on Ext. P6 taking into account Ext. P5 communication from the Panchayat also, as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. Sd/- S. Siri Jagan, Judge. Tds/ [TRUE COPY] P.S TO JUDGE.