IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 22133 of 2008(I)
1. VINOD KUMAR.M, 3RD GRADE OVERSEER,
... Petitioner
Vs
1. THE CHIEF ENGINEER, L.S.G DEPARTMENT,
... Respondent
2. THE ASSISTANT ENGINEER,
3. THE CHIEF ENGINEER (ADMN.),
For Petitioner :SRI.M.POLY MATHAI
For Respondent : No Appearance
The Hon'ble MR. Justice V.GIRI
Dated :23/07/2008
O R D E R
V.GIRI, J
-------------------
W.P.(C).22133/2008
--------------------
Dated this the 23rd day of July, 2008
JUDGMENT
Petitioner, a 3rd Grade Overseer in the Public Works
Department, was deployed to the LSGD by order dated
31.12.2004. Deployment was originally for a period of
three years. But petitioner continues on deployment
even now. An Engineering Cadre was set up in the LSGD
by the Government. Options were sought for. But the
petitioner did not opt for the same. In fact he filed Ext.P2
representation before the Chief Engineer, PWD
(Administration), seeking cancellation of his deployment
and repatriation to the parent department. Orders are yet
to be passed thereon.
2. In the meanwhile, under Ext.P4 order, petitioner has
been transferred to the Balussery Panangad Grama
Panchayat. Petitioner is aggrieved that his request for
cancellation of deployment has not been considered. But
he continues to be treated as deployed in the LSGD and
he is even transferred to another station also. Petitioner
W.P.(C).22133/2008
2
submits that the statement in Ext.P5, to the extent to
which it says that the petitioner’s transfer is also on a
request, is a wrong statement of fact. Petitioner has
submitted Ext.P5 before the first respondent, the Chief
Engineer, in the LSG Department and the same is
pending consideration.
3. Having heard learned counsel on both sides, writ
petition is disposed of in the following terms:-
(i). Third respondent shall consider the
petitioner’s request under Ext.P2 and take
a decision thereon, within a period of six
weeks from the date of receipt of a copy of
this judgment.
(ii). Once such an order is passed, it shall
be communicated to the first respondent
and first respondent shall proceed to pass
orders on Ext.P5 on the basis of the decision
taken by the third respondent on Ext.P2.
(iii). On receipt of the decision taken by the
W.P.(C).22133/2008
3
third respondent, first respondent shall,
within two weeks thereafter, take a decision
on Ext.P5.
(iv). If the petitioner has not been relieved
as on date pursuant to Ext.P4, he shall be
permitted to be retained in the same station,
until a decision is taken by the first
respondent as aforementioned.
V.GIRI,
Judge
mrcs