IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 28TH JANUARY 2008 / 8TH MAGHA 1929 WP(C).No. 2424 of 2008(L) ------------------------- PETITIONER: ------------ K.V SURESH, HEAD CLERK, RANNI GRAMA PANCHAYAT OFFICE,RANNI PO, PATHANMATHITTA DISTRICT BY ADV. SMT.S.KARTHIKA SRI.M.S.UNNIKRISHNAN SRI.M.R.ANISON SMT.K.P.GEETHA MANI SRI.T.R.RAJESH RESPONDENTS: ------------- 1. STATE OF KERALA,REPRESENTED BY THE SECRETARY TO GOVT..LOCAL SELF GOVT. DEPARTMENT,GOVT.SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PANCHAYATS PANCHAYAT DEPARTMENT, GOVT.SECRETARIAT,TRIVANDRUM. BY GOVERNMENT PLEADER SRI. BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).2424/2008 -------------------- Dated this the 28th day of January, 2008 JUDGMENT Petitioner, who is working as Head Clerk and posted in the Ranni Grama Panchayat in Pathanamthitta District, aspires for a posting in Thiruvananthapuram District. Petitioner was appointed under the dying-in- harness scheme. He was originally posted in Thiruvananthapuram District on his option and was posted in the Ranni Grama Panchayat only by promotion which was effected under Ext.P2 order dated 18.10.2007. Now he aspires for a posting in Thiruvananthapuram District. Ext.P3 representation is pending in this regard before the Director of Panchayats. 2. Learned Government Pleader, on instructions, submits that, at present, no transfers are being effected in the Panchayat department. Learned counsel for the petitioner submits that in spite of the ban, transfers have been effected as evidenced by Ext.P6. W.P.(C).2424/2008 2 3. In my view, the question as to whether the petitioner should be given a posting in Thiruvananthapuram is a matter to be considered by the Director of Panchayats, if there are vacancies available and if the petitioner is otherwise eligible, then the petitioner's claim may be considered in accordance with law. 4. In the result, writ petition is disposed of directing the second respondent to consider Ext.P3 and take a decision thereon within three months from the date of receipt of a copy of this judgment. Petitioner is entitled to apprise the Director, of any compassionate grounds which, according to him, entitles him to be posted in Thiruvananthapuram District, overlooking the claim of any other person, who has also sought for such a posting. If such claim is proposed to be accepted and if any other person is affected thereby, W.P.(C).2424/2008 3 Director shall give notice to such affected person also, before taking a decision as aforementioned. V.GIRI, Judge mrcs