Kerala High Court
P.A.Anijan vs The Director Of Panchayats on 22 May, 2009
Author: P.N.Ravindran
Bench: P.N.Ravindran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 12025 of 2009(W)
1. P.A.ANIJAN, JUNIOR SUPERINTENDENT,
... Petitioner
Vs
1. THE DIRECTOR OF PANCHAYATS,
... Respondent
2. THE DEPUTY DIRECTOR OF PANCHAYATS,
3. THE SECRETARY,
For Petitioner :SRI.M.V.BOSE
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :22/05/2009
O R D E R
P.N.RAVINDRAN, J.
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O.P.No.12025 of 2009
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Dated 22nd May, 2009
JUDGMENT
Heard Sri.M.V.Bose, the learned counsel appearing for the petitioner and Smt.Anu Sivaraman, the learned Government Pleader appearing for respondents 1 and 2. In the nature of the order that I propose to pass, it is not necessary to issue notice to or hear the third respondent.
2. The petitioner is presently working as Junior Superintendent in Arakkulam Grama Panchayat in Idukki District. He was formerly working as Junior Superintendent in Erumeli Grama Panchayat. He had availed half pay leave on medical grounds during the period from 22.2.2009 to 7.3.2009. Though in Ext.P8 letter dated 9.3.2009, he sought the permission of the Secretary of Erumeli Grama Panchayat to rejoin duty on 10.3.2009 on expiry of the leave (8.3.2009 and 9.3.2009 were holidays) that request was granted only by Ext.P11 order dated 17.3.2009 issued by the Director of Panchayats. Pursuant to Ext.P11, the petitioner rejoined duty on 23.3.2009. By Ext.P11, the petitioner was reposted in Arakkulam Grama Panchayat. The petitioner has moved the Director of Panchayats in Ext.P12 representation dated 24.3.2009 requesting that WP(C).No.12025/2009 2 the period from 8.3.2009 to 22.3.2009 may be treated as duty. In this writ petition the petitioner seeks a direction to the Director of Panchayats to consider Ext.P12 representation and pass orders thereon within a time limit to be fixed by this Court. The petitioner has a further grievance regarding transfer and posting to Pathanamthitta District.
3. The pleadings and the materials disclose that though the petitioner had on the expiry of the half pay leave on medical grounds availed by him during the period from 22.2.2009 to 7.3.2009, requested for permission to rejoin duty on 10.3.2009, he was not permitted to rejoin duty for the reason that another person had been appointed in his place in Erumeli Grama Panchayat. It was only after the Director of Panchayats issued Ext.P11 order dated 17.3.2009 that the petitioner could rejoin duty on 23.3.2009. As a result of this, the petitioner has not been paid the salary and allowances for the period from 9.3.2009 to 22.3.2009. Normally on the expiry of the leave, the petitioner should have been permitted to rejoin duty in the concerned Panchayat. However, as the vacancy was filled up he could not rejoin duty. In my opinion, this is a matter which the Director of Panchayats should take note of while considering Ext.P12. WP(C).No.12025/2009 3
I accordingly dispose of this writ petition with a direction to the Director of Panchayats to consider the request made by the petitioner in Ext.P12 and pass orders thereon expeditiously and in any event within two months from the date on which the petitioner produces a certified copy of this judgment. It will be open to the petitioner to move the Director of Panchayats seeking transfer and posting to Pathanamthitta District. If such a request is made within two weeks from today, the Director of Panchayats shall consider the same and pass orders thereon while effecting general transfers for the year 2009-2010.
P.N.RAVINDRAN Judge TKS