IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930 WP(C).No. 27702 of 2008(W) -------------------------- PETITIONER(S): --------------- S.NAGA RAO, SENIOR SUPERINTENDENT, OFFICE OF THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA. BY ADV. SMT.P.V.ASHA RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMEN OF CIVIL SUPPLIES, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF CIVIL SUPPLIES, THIRUVANANTHAPURAM. BY GP ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).27702/2008 -------------------- Dated this the 19th day of September, 2008 JUDGMENT Petitioner is a senior Superintendent in the Civil Supplies Department currently posted in the Office of the Consumer Disputes Redressal Forum, Alappuzha. Petitioner is aggrieved by a proposal to depute him to the Civil Supplies Corporation. Learned counsel for the petitioner refers to Ext.P4 which is a minutes of the meeting with the Registrar of the State Consumer Disputes Redressal Forum and the Senior Superintendents of the Consumer Disputes Redressal Forum held on 23.7.2008. Clause 8 of Ext.P4 reads as follows:- The Secretary directed the Director of Civil Supplies to fill up all the existing vacancies of the staff in the Consumer Disputes Redressal Forums/CDRC and the staff in the Forums/Commission including Consumer Affairs Cell in the Commissionerate of Civil Supplies shall not be transferred out at least for a period of three years. The Director of Civil W.P.(C).27702/2008 2 Supplies has also to obtain NOC from Government in Consumer Affairs Department before effecting transfer/deputation of the staff posted in CDRFs/CDRC. 2. Petitioner submits that he was posted in the CDRF, Alappuzha, only on 25.6.2008 and therefore, the proposal to deploy him now goes against the decision taken by the Government as evidenced by Ext.P4. Learned counsel for the petitioner also refers to Ext.P3 communication from the President of the CDRF, Alappuzha to the Government to exclude the petitioner from the list of deputationists to the Civil Supplies Corporation inter alia taking note of the petitioner's illness. 3. I heard learned counsel for the petitioner and learned Government Pleader. In circumstances where the Government apparently has taken a decision to retain the personnel posted in the CDRF, for a period of three years and the petitioner has been posted in the CDRF, Alappuzha, only on 25.6.2008, in my view, the question W.P.(C).27702/2008 3 as to whether the petitioner should also be included in the list of deputationists to the Civil Supplies Corporation should engage attention by the Government. 4. In the result, writ petition is disposed of with the following directions:- (i). Petitioner may submit a representation before the first respondent challenging the proposal to depute him to the Civil Supplies Corporation within two weeks from today. (ii). If the representation is so filed, first respondent shall take a decision thereon, after hearing the petitioner and taking note of Exts.P3 request made by the President of the Consumer Disputes Redressal Forum, Alappuzha, within a period of two months thereafter. Petitioner shall not be deputed to the Civil Supplies Corporation until a decision is taken by the Government, as aforementioned. V.GIRI, Judge mrcs