SUSANTH. P.B. Vs. DEPUTY DIRECTOR

JUDGEMENT

(1.) THE petitioner is aggrieved of Ext.P1 order, whereby he has been shifted from Sulthan Bathery Grama Panchayath to Puthadi Grama Panchayat in Wayanad district, allegedly due to some extraneous consideration. The case projected by the petitioner is that, he is working in the Sulthan Bathery Grama Panchayat as L.D. Clerk from 1.11.2010 and has not even completed two years in the said station. In connection with the general transfer in the year, Ext.P2 draft list was published by the concerned authority on 20.04.2012, which does not contain the name of the petitioner anywhere. But it was thereafter, that the petitioner came to be transferred as per Ext.P1 and the post vacated by the petitioner was filled up by accommodating the second respondent herein, which forms the subject matter of challenge in this writ petition.

(2.) THE first respondent has filed a counter affidavit detailing the administrative exigency, which necessitated the transfer. Inspite of completion of service of notice, the second respondent has not chosen to turn up before this Court .

(3.) ANOTHER ground pointed out by the first respondent in his counter affidavit is that, the petitioner happens to be the 'junior most' hand to be shifted, so as to cater to the administrative exigency. The particulars of the staff who are working in Sulthan Bathery Grama Panchayat given by the Secretary are contained in Ext.P10 dated 6.10.2012, wherein the petitioner has been listed at Serial No.5 with the tenure in the said Panachayat starting from 1.11.2010 onwards. But there is yet another person by name Sooraj M.V., who joined the Panachayat as L.D. Typist on 1.6.2011 and shown at Serial No.6. This being the position, it is Mr. Sooraj, who happens to be the junior most hand and not the petitioner. This being the position, the affidavit filed by the first respondent before this Court stating that the petitioner happens to be the junior most hand is nothing, but a wilful misrepresentation, asserts the learned counsel.