IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 8392 of 2010(Y)
1. BTOJ ANDREW,
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED
... Respondent
2. COMMISSIONER OF CIVIL SUPPLIES,
3. DIRECTOR OF CIVIL SUPPLIES,
4. KERALA STATE CIVIL SUPPLIES
For Petitioner :SRI.M.SREEKUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice C.T.RAVIKUMAR
Dated :15/03/2010
O R D E R
C.T. RAVIKUMAR, J.
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W.P. (C) No. 8392 OF 2010
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Dated this the 15th day of March, 2010
J U D G M E N T
The challenge in this Writ Petition is against the
deputation of the petitioner who is working in the Civil
Supplies Department as Rationing Inspector, to Kerala State
Civil Supplies Corporation. Earlier, he was deputed to the
Civil Supplies Corporation during December, 2000 and on
completion of 5 years period he was repatriated to the parent
department. Thereafter, when steps were taken to depute him
to the Civil Supplies Corporation for yet another turn, the
petitioner had approached the Government. In his
representation before the Government he has elaborately
explained the compelling circumstances for seeking exemption
from deputation. After considering the reasons stated in the
representation Government exempted the petitioner from
being sent on deputation for a period of one year from
6.12.2008, as per Ext.P2 dated 7.3.2010. The said period of
one year had expired on 5.12.2009. The grievance of the
petitioner is that despite the continuance of the very same
situation, now as per order dated 20.02.2010 sanction was
WPC.8392 of 2010
: 2 :
accorded by the Government for deputation of the petitioner
to the 4th respondent Corporation. This writ petition has been
filed challenging the said order on the ground that the
deplorable situation that made the Government to grant an
order in favour of the petitioner, is still in existence and
therefore he is entitled to get exemption from deputation.
Expatiating the said situations he has already submitted
Ext.P6 representation before the first respondent seeking
exemption from deputation to the 4th respondent Corporation.
In fact, what has been requested by the petitioner is for
extension of the benefit granted earlier as per Ext.P2. The
said representation is still pending consideration before the
Government, it is submitted.
In the circumstances, without making any observation as
to the merits of the contentions, this writ petition is disposed
of with a direction to the first respondent to consider and
pass orders on Ext.P6 expeditiously. Considering the fact that
the order passed under Ext.P5 will take its effect, with effect
from 1.4.2010 it will only be appropriate to pass orders on
Ext.P6 prior to 1.4.2010.
Sd/-
(C.T. RAVIKUMAR, JUDGE)
jma //true copy//
P.A. To Judge