IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 4TH MARCH 2008 / 14TH PHALGUNA 1929 WP(C).No. 7389 of 2008(D) ------------------------- PETITIONER: ------------ BALACHANDRAN NAIR S/O.P.NEELAKANDAN NAIR, AGED 42 SARASWATHI VILASAM, PANATTUKONAM CHEMPAZHENTHY P.O., TRIVANDRUM, NOW RESIDING AT SINDOORAM, PANATTUKONAM, CHEMPAZHANTHY P.O. THIRUVANANTHAPURAM. BY ADV. SRI.A.X.VARGHESE SRI.A.V.JOJO RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY THE SECRETARY INDUSTRIES DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM. 2. KERALA STATE BEVERAGES (MANUFACTURING AND MARKETING) CORPORATION LTD., REP. BY ITS MANAGING DIRECTOR, SASTHAMANGALAM THIRUVANANTHAPURAM. 3. SECRETARY, TAXES AND FINANCE DEPARTMENT STATE OF KERALA, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM. 4. MANAGER, ATTINGAL WAREHOUS, POTHENCODU THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.BEJOY CHANDRAN SC SRI.MILLU DANDAPANI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 7389 of 2008 -------------------------- Dated this the 4th March, 2008 J U D G M E N T Petitioner was sent on deputation from Kerala State Salicylates and Chemicals Ltd to Kerala State Beverages Corporation as Assistant Grade II, as evidenced by Exhibit P1. He then joined as Shop Assistant in Shop FL1/123 Aluva, evidenced by Exhibit P2. Later he was shifted to Attingal. Apparently, the Kerala State Salicylates and Chemicals Ltd was subsequently closed. In the meanwhile, petitioner's term of deputation came to an end and he is directed to be relieved as per Exhibit P3. But the petitioner find himself in an unfortunate predicament that his parent company is no longer functioning. 2. Taking note of the comprehensive situation where persons who have been sent by deputation from several Public Sector Undertakings are now facing retrenchment on account of closure of their parent company, Government has issued Exhibit P4 containing recommendations of the cabinet sub committee constituted for restructuring the Public Sector Undertakings. The Beverages Corporation cannot be faulted with for directing the relief of the petitioner on expiry of the period of deputation. But at the same time, petitioner's grievance will W.P ( C) No. 7389 of 2008 2 have to be addressed by the Government. Government has to take a decision in this regard, going by Exhibit P4. order. Accordingly, the writ petition is disposed of in the following terms: Petitioner may file a representation indicating the above aspects before the Government, within a period of two weeks from today. Government shall take a decision on his representation, within four weeks thereafter in the light of Exhibit P4 order. Government is also competent to direct the continuance of the deputation of the petitioner. In the circumstances, it is open to the petitioner to seek such appropriate interim relief from the Government also. To enable to the petitioner to do so, the 2nd respondent shall permit the petitioner to continue in service for a period of three weeks from today. (V.GIRI, JUDGE) ma W.P ( C) No. 7389 of 2008 2 K.THANKAPPAN,J CRL.A. NO.92 OF 1999 ORDER W.P ( C) No. 7389 of 2008 2 25th May, 2007