Kerala High Court
Thomas vs The State Of Kerala
Author: P.N.Ravindran
Bench: P.N.Ravindran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN
TUESDAY, THE 19TH DAY OF MARCH 2013/28TH PHALGUNA 1934
WP(C).No. 5003 of 2013 (A)
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PETITIONER(S):
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THOMAS, AGED 52 YEARS,
S/O. LUKOSE, THODIPURAYIDOM
VELLIMON WEST P.O., KOLLAM - 691 604.
BY ADVS.SRI.V.JAYAPRADEEP
SMT.V.V.RISANI
RESPONDENT(S):
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1. THE STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT
LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT
THIRUVANANTHAPURAM - 695 001.
2. THE DIRECTOR OF PANCHAYATH
LOCAL SELF GOVERNMENT DEPARTMENT
THIRUVANANTHAPURAM - 695 001.
3. R. SHEELAKUMARI
LEKSHMI VIHAR, NADUVILAKKARA,
UMAYANALLOOR P.O, KOLLAM-691 103.
R1 & R2 BY GOVERNMENT PLEADER SRI.T.R.RAJESH
R3 BY ADVS. SRI.B.KRISHNA MANI
SMT.N.V.SANDHYA
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19-03-2013,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 5003 of 2013
APPENDIX
PETITIONER(S) EXHIBITS
EXHIBIT-P1- COPY OF THE ORDER DATED 18/02/2013 OF R2
EXHIBIT-P2- COPY OF G.O (MS) 105/2007 DATED 04/04/2007 OF R1
EXHIBIT-P2(a)- COPY OF G.O(MS) 54/2008 DATED 03/03/2008 OF R1
EXHIBIT-P3- COPY OF ORDER NO. 5936/DD3/2013/LSGD DATED 30/01/2013 OF R1
RESPONDENTS' EXHIBITS : NIL
/True copy/
P.A. To Judge
VPV
P.N.RAVINDRAN, J.
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W.P.(C) No.5003 of 2013
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Dated this the 19th day of March, 2013
JUDGMENT
The petitioner who is presently working as the Secretary of Mayyanad Grama Panchayat in Kollam District, has filed this writ petition on 20.2.2013 challenging Ext.P1 order dated 18.2.2013 transferring him to Cheppad Grama Panchayat in Alappuzha District.
2. When the writ petition came up for hearing today, the learned counsel appearing for the petitioner submitted that the Director of Panchayats has by Ext.P6 order dated 23.2.2013, produced along with reply statement filed by the petitioner today, reposted the petitioner in Mayyanad Grama Panchayat and therefore, the writ petition may be closed as infructuous. The relevant portion of Ext.P6 order dated 23.2.2012 reads as follows:
"Sri.L.Thomas filed W.P.(C)No.5003 of 2013 (A) before the Hon'ble High Court and the Court stayed the implementation of the transfer order vide reference 3rd above. On 22.2.2013 at 12.07 P.M., the stay order under reference 3rd was received in this office.
In this circumstance Sri.L.Thomas is reposted in Mayyanad Grama Panchayat with immediate effect, in the light of the Interim Order dated 22.2.2013 of the Hon'ble High Court in W.P.(C)No.5003 of 2013 (A) filed by Sri.Thomas. The Deputy Director of Panchayats, Kollam will give effect to this order immediately and report to this office."
It is evident from Ext.P6 order that it was passed having regard to the W.P.(C) No.5003 of 2013 2 interim order passed by this Court on 21.2.2013 when the writ petition was admitted, staying the operation and implementation of Ext.P1 order of transfer.
A Division Bench of this Court has by judgment delivered on 12.3.2013 in W.P.(C).No.158 of 2013 held that Panchayat employees are Government employees and therefore, they will have to move the Kerala Administrative Tribunal seeking redressal of their grievances in relation to service matters. Such being the situation, I am of the opinion that this writ petition can longer be entertained in this Court. It is accordingly dismissed, leaving open the petitioner's contentions and reserving liberty with the petitioner to move the Kerala Administrative Tribunal seeking redressal of his grievances.
Sd/-
P.N.RAVINDRAN JUDGE /True copy/ P.A. To Judge VPV