IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 23RD NOVEMBER 2011 / 2ND AGRAHAYANA 1933 WP(C).No. 31224 of 2011(C) ---------------------------------- PETITIONER(S): -------------------- VALSALA.P.K,W/O.K.P.RAVI, AGED 52 YEARS,REVATHY HOUSE,THOTTAMAN,RANNI PO, PATHANAMTHITTA DISTRICT(SECOND GRADE OVERSEER, LOCAL SELF GOVERNMENT DEPARTMENT, AYROOR/ THOTAPPUZHASSERI GRAMA PANCHAYATS). BY ADVS. SRI. K.SHAJ SRI.SAJJU.S SRI.PRAVEEN THOMAS ABRAHAM RESPONDENT(S): --------------------- 1. THE STATE OF KERALA,REPRESENTED BY THE PRINCIPAL SECRETARY,LOCAL SELF GOVERNMENT DEPARTMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 002. 2. THE CHIEF ENGINEER,LOCAL SELF GOVERNMENT DEPARTMENT,THIRUVANANTHAPURAM 695 002. 3. RAJAVALLY.N.S, THE ASSISTANT ENGINEER, LOCAL SELF GOVERNMENT DEPARTMENT SECTION, AYROOR/THOTAPPUZHASSERI GRAMA PANCHAYATS 689 543. 4. THE PRESIDENT,AYROOR GRAMA PANCHAYAT, PATHANAMTHITTA 689 543. R1 & R2 BY SR. GOVT. PLEADER SRI. LIJU STEPHEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 31224/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ORDER NO.E5-7004/2010/CE/LSGD DATED 31/10/2011 OF THE CHIEF ENGINEER, LSGD,THIRUVANANTHAPURAM. P2: COPY OF THE GO(MS) 105/2007/LSGD DATED 4/4/2007 ISSUED BY THE PRINCIPAL SECRETARY TO GOVERNMENT DEPARTMENT. P3: COPY OF THE COMPLAINT OF THE THIRD RESPONDENT AGAINST THE PETITIONER. P4: COPY OF THE REPLY GIVEN BY THE PETITIONER AGAINST THE COMPLAINT OF THE THIRD RESPONDENT P5: COPY OF CERTIFICATE ISSUED BY SRIJA VIMAL PANCHAYAT MEMBER,AYROOR GRAMA PANCHAYAT. P6: COPY OF THE CERTIFICATE ISSUED BY C.JACOB KOSHY,PANCHAYT MEMBER ,AYROOR GRAMA PANCHAYAT. P7: COPY OF THE CERTIFICATE ISSUED BY T.K.PEETHAMBARAN, PANCHAYAT MEMBER, AYROOR GRAMA PANCHAYAT. P8: COPY OF THE CERTIFICATE ISSUED BY AMBILI PRABHAKARAN NAIR, PANCHAYAT MEMBER,AYROOR GRAMA PANCHAYAT. P9: COPY OF CERTIFICATE ISSUED BY VIKRAMAN NARAYANAN, PANCHAYAT MEMBER AYROOR GRAMA PANCHAYAT. P10: COPY OF THE INFORMATION GIVEN BY THE SECRETARY, AYROOR GRAMA PANCHAYAT. P11: COPY OF THE APPEAL DATED 18/11/2011 PREFERRED BY THE PETITIONER BEFORE THE FIRST RESPONDENT P12: COPY OF THE JUDGEMENT DATED 11/3/1999 IN OP NO.24558/1998 OF THE HONOURABLE HIGH COURT RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs K.SURENDRA MOHAN, J --------------------------------------------- W.P.(c)No.31224 of 2011 --------------------------------------------- Dated this the 23rd day of November 2011 JUDGMENT The petitioner, who is working as a Second Grade Overseer, Local Self Government Department, Ayroor/Thotappuzhasseri Grama Panchayat, has filed this writ petition challenging Ext.P1 order by which she has been transferred and posted to Chelakkara/Kondazhi GP, Pazhayannoor Block Panchayat, Thrissur. According to the petitioner, the transfer has been ordered in violation of the guidelines that govern the transfer. Therefore, she seeks the setting aside of Ext.P1. 2. The learned Government Pleader points out that the reason for the transfer has been mentioned in Ext.P1 itself. The same has been necessitated in view of the misbehaviour and insubordination on the part of the petitioner. Therefore, acting on the complaint of the President of Ayroor Panchayat, she has been moved out of the said Panchayat. WPC No.31224 of 2010 2 3. The counsel for the petitioner submits that the transfer order Ext.P1 has not been served on the petitioner. Immediately on coming to know of Ext.P1, the petitioner has submitted Ext.P11 appeal, which is pending before the first respondent. According to the counsel, Ext.P11 has not been considered till date and the petitioner is being sought to be relieved before final orders are issued thereon. 4. Since Ext.P11 is pending consideration of the first respondent, it is only appropriate that the said authority considers and disposes of the same on an early date. 5. This writ petition is, accordingly, disposed of directing the first respondent to consider the appeal filed by the petitioner, evidenced herein by Ext.P11, in accordance with law and to pass final orders thereon, as expeditiously as possible and at any rate before relieving the petitioner from her present posting place. Sd/- K.SURENDRA MOHAN, JUDGE true copy css/ P.S.TO JUDGE