IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 5TH FEBRUARY 2009 / 16TH MAGHA 1930 WP(C).No. 3801 of 2009(C) ------------------------- PETITIONER(S): --------------- 1. UNNIKRIHNAN NAIR K, ASSISTANT ENGINEER, LSGD SECTION, KATTKADA GRAMA PANCHAYATH, THIRUVANANTHAPURAM. 2. SIVAJI M.R., ASSISTANT ENGINEER, LSGD SECTION, MYLOM GRAMA PANCHAYATH, KOLLAM DIST, 3. ASOK KUMAR K, ASSISTANT ENGINEER, L.S.G.D. SECTION, VELLATHOOVAL GRAMA PANCHAYATH,IDUKKI DIST. BY ADV. DR.K.P.SATHEESAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER, LOCAL SELF GOVERNMENT DEPARTMENT, THIRUVANANTHAPURAM. BY G.P. SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 3801 of 2009-C - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of February, 2009. JUDGMENT The petitioners are presently working as Asst. Engineers at L.S.G.D. Section, Kattakada, Mylom and Vellathooval Grama Panchayats respectively. They were originally serving the Public Works Department. In accordance with the policy formed by the Government to deploy Egineering staff to Local Self Government Institutions from Public Works and Irrigation Departments pursuant to Ext.P1, they were deployed. After the issuance of the Special Rules, viz. L.S.G.D. Engineering Service Rules which was effective from 1.1.2008, options were called for from persons like the petitioners either to continue at L.S.G.D. or to return to their parent department. Accordingly, all the petitioners exercised option to return to the parent department which was exercised during November 2007, before the commencement of the Special Rules. 2. It is submitted by the learned counsel for the petitioners that already orders have been passed by the Government accepting their options and redeploying them to their parent department, but they have not been relieved so far due to dearth of sufficient substitutes in their place. Learned WPC 3801/2009 2 Govt. Pleader submits that the issue regarding validity of the Special Rules is pending consideration in various writ petitions before this court and because of the same also, redeployment has been delayed. 3. The petitioners have already moved the second respondent by filing Ext.P3 representation. The second respondent will find out whether the petitioners could be relieved by posing substitutes in their place. Appropriate orders shall be passed within a period of one month from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/