SHAJI Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner belonged to Panchayath Service. He was working in Mattannur Panchayat. That Panchayat was converted into Municipality. Consequent on that the petitioner and other employees were given an opportunity to opt for Panchayat Service or Municipal Common Service. As is revealed by ext. P1 the petitioner opted for Municipal Common Service and it had been accepted. Later the petitioner was transferred to Muvattupuzha Municipality . While so a further transfer order was issued as seen from Ext. P5 transferring the petitioner back to Mattannur. It is stated in the counter affidavit filed by the second respondent as follows: "the petitioner was originally recruited in the Panchayat service. He was happened to be allowed to continue in Municipal Service only because Mattannur Municipality where he belonged, was constituted into a municipality. B ut that Municipality was again converted into a Panchayat, hence the petitioner has note gal right to continue in Municipal Service. THErefore, the petitioner has to go back to Panchayat service and he can avail only the service benefits which are prevalent in Panchayat service. "

(2.) THE petitioner exercised an option when the Mattannur panchayat was converted into a municipality and the petitioner became member of the Municipal Common Service. Later on the basis of the public demand the mattannur Municipality was converted into Panchayat. By reason of that conversion, Government or department cannot insist that the petitioner's option also shall stand cancelled and the petitioner shall come over to the Panchayat service. Merely because of the order issued by the Government honouring the public demand, the petitioner's service career shall not be affected. THErefore, the option exercised by the petitioner to go over to the Municipal common Service which has become final cannot be modified by reason of conversion of Mattannur Municipality into Panchayat. THE reason in support of the transfer, as stated in the counter affidavit, as extracted above is unsustainable. Accordingly it is made clear that the petitioner is not liable to go over to the Panchayat Service. O. P. is allowed to the above extent. . .