Petitioner challenged an arbitrary transfer of a lower-grade servant. When the third respondent passed a modified order retaining the petitioner at the original station, the petitioner's counsel argued no further orders were necessary, leading the court to close the petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
WEDNESDAY, THE 3RD DAY OF OCTOBER 2012/11TH ASWINA 1934`
WP(C).No. 22092 of 2012 (J)
PETITIONER :
SUNIL KUMAR M., LAST GRADE SERVANT (PEON) OFFICE OF CHERUVATHUR GRAMA PANCHAYATH CHERUVATHUR P.O., NILESHWARAM BLOCK KASARAGOD DISTRICT-671 313.
BY ADV. SRI.K.P.HARISH
RESPONDENT(S):
1. STATE OF KERALA
2. THE DIRECTOR OF PANCHAYATH
3. THE DEPUTY DIRECTOR OF PANCHAYATH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03-10-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Mn
...2/-
WP(C).No. 22092 of 2012 (J)
APPENDIX
PETITIONERS' EXHIBITS :
EXHIBIT P7: THE TRUE COPY OF THE GO(MS)105/2007/LSGD DATED 04.04.2007 EXHIBIT P8: A TRUE COPY OF THE REPRESENTATION DATED 17.09.2012
RESPONDENTS' EXHIBITS : NIL
//TRUE COPY//
P.A. TO JUDGE
Mn
P.R.RAMACHANDRA MENON, J.
W.P.(c) No. 22092 OF 2012
Dated this the 3rd day of October, 2012
JUDGMENT
The petitioner has approached this Court with the following
prayers :
“i. Issue a writ of mandamus or any other writ or order to quash Ext.P5 to the extent it transfers the petitioner ;
ii. To delcare that the transfer of the petitioner by Ext.P5 is arbitrary and against the norms ;
iii. To command the respondents to permit the petitioner to continue in the present station;
iv. To direct the 2nd respondent to consider and pass orders on Ext.P8 representation within two weeks.
v. To issue any other writ order or direction as this Hon'ble Court may deem fit in the facts and circumstances of the case.”
Court on 24/09/2012, the learned Government Pleader was required to
get instructions and an interim order was passed to maintain 'status quo'
for a period of two weeks. Now, when the matter is taken up for further consideration, it is brought to the notice of this Court that the
WP(C)No.22092/2012
2
third respondent has passed a modified order bearing No.A5-172/12 dated 24/09/2012, whereby he petitioner has been caused to be retained at Cheruvathur Grama Panchayath for the time being.
In the said circumstances, the learned counsel for the petitioner submits that no further orders are necessary. Accordingly, the writ petition is closed.
P.R.RAMACHANDRA MENON JUDGE
sv.
WP(C)No.22092/2012 2
Sunil Kumar M.
State of Kerala
The Director of Panchayath
The Deputy Director of Panchayath
P.R. Ramachandran Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
