L.C. MOHANKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner who is presently working as a full time Sweeper in the Grama Panchayat Service has filed this Writ Petition requesting to set aside the appointment of respondents 5 and 6 on the ground that it is against the provisions of the Kerala Panchayat Subordinate Service Rules, 1994 and for issue of a writ in the nature of mandamus or other appropriate writ or order directing the 3rd respondent to consider Exts.P4 and P5 and appoint petitioner in the post of driver in Ernakulam District.

(2.) THE learned Government Pleader appearing for the 1st respondent has challenged maintainability of the Writ Petition on the ground that since petitioner is an employee of the Grama Panchayat, matters relating to service conditions of the employees of the Grama Panchayat (other than contingent employees) are to be considered by the Kerala Administrative Tribunal (for short, "the Tribunal"). Learned Government Pleader has placed reliance on the decision of the Division Bench dated 12.03.2013 in W.P(C) No.158 of 2013.

(3.) EVEN as per claim of the petitioner, he is presently working as full time Sweeper in the office of the Grama Panchayat concerned. His claim is for appointment in the post of Driver. There is also a challenge to the appointment of respondents 5 and 6.