IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 4TH JULY 2011 / 13TH ASHADHA 1933 WP(C).No. 18001 of 2011(A) ---------------------------------------- PETITIONER(S): ------------------------- 1. M.N. SHYAMALA, SUPERINTENDENT, KOTTAYAM MUNICIPALITY, NOW TRANSFERRED TO PATHANAMTHITTA MUNICIPALITY. 2. T.P. JANARDHANAN, SUPERINTENDENT, THRIPUNITHURA MUNICIPALITY, NOW TRANSFERRED TO CHAVAKKAD MUNICIPALITY. BY ADVS. 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 THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. THE DIRECTOR OF URBAN AFFAIRS, THIRUVANANTHAPURAM - 695 001. 3. SHRI.N. ANIL KUMAR, SUPERINTENDENT, KOTTAYAM MUNICIPALITY, KOTTAYAM - 686 001. 4. SHRI.P.P. PONNAPPAN, SUPERINTENDENT, THRIPUNITHURA MUNICIPALITY, TRIPUNITHURA - 682 301. R1 & R2 BY GOVERNMENT PLEADER SRI. A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.18001/2011 A APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF RELEVANT EXTRACT OF ORDER NO.E6-4086/10 DTD.29/3/2011 ISSUED BY THE 2ND RESPONDENT. P2: COPY OF RELEVANT EXTRACT OF ORDER NO.E6-5931/11 DTD.12/05/2011 ISSUED BY THE 2ND RESPONDENT. P3: COPY OF ORDER NO.E6-5931/11 DTD. 18/06/2011 ISSUED BY THE 2ND RESPONDENT. P4: COPY OF ORDER NO.E6-8114/11 DTD. 28/6/11 ISSUED BY THE 2ND RESPONDENT. P5: COPY OF APPEAL SUBMITTED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT DTD. 29/6/11 THROUGH PROPER CHANNEL. P6: COPY OF REPRESENTATION SUBMITTED BY THE 2ND PETITIONER BEFORE THE 1ST RESPONDENT DTD. 30/06/11. P7: COPY OF CERTIFICATE DTD. 14/1/09 ISSUED BY THE CHAIRMAN, GOVT. DISTRICT HOSPITAL, KOTTAYAM TO THE 1ST PETITIONER'S DAUGHTER. P8: COPY OF CERTIFICATE DTD. 14/10/2010 ISSUED BY PROF.DR.R.SOBHANADEVI MEDICAL COLLEGE, KOTTAYAM. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C)No. 18001 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of July, 2011 J U D G M E N T The petitioners are working as Junior Superintendents in Municipal Common Service. It was while working as Head Clerks/Revenue Inspectors that they were given promotion to the said post as per Ext.P1 and taking into account the non-availability of open vacancies at that point of time they were retained in their concerned station itself even after promotion. Subsequently, a provisional list of general transfer was published on 18.4.2011 and later, it was finalised as per Ext.P1. As per the same the second petitioner was transferred to Thrippunithura and the first petitioner was retained in the same station. As per Ext.P2 the 3rd and 4th respondents were placed under orders of transfer to Thiruvalla and Mavelikara respectively. Shortly after a month since the general transfers thus ordered as per Ext.P2 the 2nd respondent issued Exts.P3 and P4 orders of transfer. As per Ext.P3 the first petitioner is transferred to Pathanamthitta and respondents 3 and 4 are transferred respectively to Kottayam WPC.No.18001/2011 : 2 : and Thrippunithura. Later, to retain the 4th respondent in Thrippunithura the second petitioner is transferred to Chavakkad as per Ext.P4. It is based on such contentions that they seek interference with Exts.P3 and P4. The learned counsel appearing for the petitioners submits that on being aggrieved by the aforesaid orders of transfer the petitioners have preferred Exts.P5 and P6 appeals respectively before the first respondent. They have raised various contentions in Exts.P5 and P6 to assail their transfer orders as per Exts.P3 and P4. It is prayed that the said appeals may be directed to be disposed of within a time frame. Considering the fact that as against Exts.P3 and P4 the petitioners have already taken up their grievances before the first respondent through Exts.P5 and P6, and the relevant Government Orders provide such a remedy I am inclined to pass a direction in that regard. I do not propose to consider this writ petition on merits. Accordingly, this writ petition is disposed of with a direction to the first respondent to consider Exts.P5 and P6 appeals expeditiously, at any rate, within a period of four weeks from the date of receipt of copy of this judgment. The first respondent shall afford an WPC.No.18001/2011 : 3 : opportunity to make representation to the 3rd and 4th respondents as also to any other person/persons likely to be affected in case of issuance of favourable orders to the petitioners before taking up Exts.P3 and P4 for consideration. Sd/- C.T. RAVIKUMAR, JUDGE jma //true copy// P.A to Judge