IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 15TH JULY 2008 / 24TH ASHADHA 1930 WP(C).No. 23948 of 2007(A) -------------------------- PETITIONER: ------------------- S.RAJENDRAN, ASSISTANT MOTOR VEHICLE INSPECTOR, REGIONAL TRANSPORT OFFICE, PALAKKAD. BY ADV. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SRI.K.K.RAJEEV SRI.P.MOHANDAS (ERNAKULAM) RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, TRANSPORT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE TRANSPORT COMMISSIONER, TRANSPORT COMMISSIONERATE, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.23948/2007 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE ORDER NO.A3/38799/TC/02 DT. 17.12.02 ISSUED BY THE 2ND RESPONDENT. EXT.P2:- COPY OF THE GOVERNMENT CIRCULAR NO.768/R1/2004/P&ARD DT. 15.7.04. EXT.P3:- COPY OF THE REQUEST SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DT. 12.3.06. EXT.P4:- COPY OF THE LETTER NO.A3/7422/TC/06 DT. 11.9.06 GIVEN BY the 2ND RESPONDENT. EXT.P5:- COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DT. 12.3.07. EXT.P6:- COPY OF THE LETTER NO.A3/7422/TC/2006 DT. 1.6.07 GIVEN BY THE 2ND RESPONDENT. EXT.P7:- COPY OF THE NOTIFICATION NO.A3-7551/TC/2001 DT. 25.6.29001 ISSUED BY THE 2ND RESPONDENT. EXT.P8:- COPY OF THE KERALA TRANSPORT SUBORDINATE SERVICE RULES 2008 PUBLISHED AS PER G.O.(P) NO.16/2008/TRAN. DT. 7.4.2008. /TRUE COPY/ P.S. TO JUDGE tss V. GIRI, J. ------------------------------- WP(C).NO. 23948 of 2007 --------------------------------- Dated this the 15th day of July, 2008 JUDGMENT The petitioner challenges Ext.P6 order by which his request for repatriation to the ministerial wing of the transport wing has been rejected on the ground that the rules do not provide such repatriation under Ext.P6. According to the petitioner, a new set of rules has been published as per SRO.No.370/2008 dated 7.4.2008. In the circumstances, the writ petition is disposed of holding that if the petitioner files a fresh application for repatriation to the ministerial wing, it shall be considered in terms of SRO.No.370/2008 untramelled by the observations in Ext.P6. If the application is filed within three weeks, it shall be considered and a decision shall be taken within two months thereafter. V. GIRI, JUDGE. pmn/ WPC. /2008 2