IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 27506 of 2008(Y)
1. SHAJAHAN KABEER K.T,
... Petitioner
2. HARINDRANATHAN V.T.
3. HARIKUMAR M.P.
4. SAJTIH M.N.,
5. VISWAN NAIR K.K.
Vs
1. STATE OF KERALA
... Respondent
2. THE PRINCIPAL SECRETARY
3. THE CHIEF ENGINEER
4. THE CHIEF ENGINEER
For Petitioner :DR.K.P.SATHEESAN
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :13/10/2008
O R D E R
P.N.RAVINDRAN, J.
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W.P.(C) No.27506 of 2008
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Dated this the 13th October, 2008.
J U D G M E N T
The petitioners are presently working as Assistant
Engineers in the Local Self Government Department. They were
recruited as Assistant Engineers in the Water Resources
Department. Pursuant to the decision taken by the State
Government evidenced by Ext.P1, they were deployed to the
Local Self Government Department. One of the terms of such
deployment was that the deployment would be for a period of
three years, except when the personnel who are deployed get
promoted in their parent cadre in the meanwhile. Ext.P1 also
stipulates that the deployed staff would be relieved by the Local
Self Government Department only after a substitute is posted in
their place.
2. The petitioners submit that they have completed
three years of service in the Local Self Government Department
pursuant to their deployment and that they are entitled to be
W.P.(C) No.27506 of 2008
2
repatriated to their parent department. The petitioners further
submit that they have moved the third respondent, the Chief
Engineer in Exts.P3 to P7 representations, seeking repatriation
to their parent department. The petitioners have, in this writ
petition, prayed for a writ in the nature of mandamus
commanding the respondents to repatriate them to the Water
Resources Department. They also pray for a writ in the nature
of mandamus commanding the respondents to take appropriate
action on Exts.P3 to P7 representations.
3. I have heard Dr.K.P.Satheesan, the learned
counsel appearing for the petitioners and Smt.Anu Sivaraman,
the learned Government Pleader for the official respondents.
The learned Government Pleader appearing for official
respondents submits that petitioners can be relieved only if
substitutes are appointed in their place and that clause xiii of
Ext.P1 is subject to clause xiv thereof. She, however, submitted
that the Chief Engineer before whom Exts.P3 to P7
representations have been submitted will consider the matter,
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3
taking into account the availability of substitutes and take a
decision thereon, within a time limit to be fixed by this Court.
In the light of the said submission, this Writ Petition
is disposed of with a direction to the third respondent Chief
Engineer, to consider the request made by the petitioners in
Exts.P3 to P7 and take a decision thereon, expeditiously and in
any event, within six months from the date on which petitioners
produce a certified copy of this judgment. While taking a
decision on Exts.P3 to P7 representations, the third respondent
shall also take note of the fact that persons placed similarly as
the petitioners have already been repatriated to their parent
department.
P.N.RAVINDRAN,
JUDGE
nj.