IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 20TH OCTOBER 2008 / 28TH ASWINA 1930 WP(C).No. 29742 of 2008(N) ---------------------------------------- PETITIONERS: -------------------- 1. RADHAKRISHNAN K, II GRADE DRAFTSMAN, O/O RE-SURVEY SUPERINTENDENT, VADAKARA, KOZHIKODE. 2. RAMESH GOPALAKRISHNAN, II GRADE DRAFTSMAN, DO.....DO...... 3. VIJI R, II GRADE DRAFTSMAN, DO....DO...... BY ADV. SRI.S.SANTHOSH KUMAR RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF SURVEY & LAND RECORDS, THIRUVANANTHAPURAM. 3. THE ASSISTANT DIRECTOR OF SURVEY & LAND RECORDS, SURVEY RANGE, KOZHIKODE. 4. THE SURVEY SUPERINTENDENT, O/O RE-SURVEY SUPERINTENDENT, VADAKARA. GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ------------------------------- W.P.(C) No.29742 of 2008 ------------------------------- Dated this the 20th October, 2008. J U D G M E N T The petitioners are II Grade Draftsman in the Survey and Land Records Department. They entered service on various dates during 2004, 2005 and 2006. After they were appointed as II Grade Draftsman, by Ext.P2 order dated 29.5.2008, the State Government directed the Director of Survey and Land Records to post the staff in the office wing for field duties. Thereupon, 25 persons in the office wing were directed to be posted in Waynad, Kasargod and Kozhikode districts. As directed in Ext.P2, the Director of Survey and Land Records issued Exts.P1 and P1(a) proceedings posting the petitioners in Kozhikode District, to do field duty in connection with resurvey work. It is submitted that appointment of the petitioners as II Grade Draftsman was in the southern districts, that they are not trained to do survey work and their duties are different from that of Surveyors. The petitioners further submit that on account of W.P.(C) No.29742 of 2008 2 their posting in the northern districts to do field work, which should normally be done by Surveyors, they are put to considerable hardship. They submit that pointing out these grievances, they have moved the Director of Survey and Land Records in Exts.P8 and P9 representations and that the Director has not so far taken any action in the matter. 2. When the writ petition came up for admission today, the learned Government Pleader appearing for the respondents submitted that the Director issued Exts.P1 and P1(a) proceedings based on the direction issued by the Government in Ext.P2 to post office staff for field duty in Wayanad, Kozhikode and Kasargod Districts, and therefore, the Government alone can decide whether the petitioners should continue to be deployed to do field duty or not. 3. Whether the deployment of the petitioners to do field duty as Surveyors was warranted or not is essentially a matter for the State Government to decide, having regard to the nature of duties and functions of II Grade Draftsman and II W.P.(C) No.29742 of 2008 3 Grade Surveyors. In these circumstances, I dispose of this Writ Petition with a direction to the petitioners to file an appropriate representation before the Secretary to Government, Revenue Department, within a period of three weeks from today. The Secretary to Government, Revenue Department, shall thereupon consider the same and take a decision thereon, in consultation with the Director of Survey and Land Records, after affording the petitioners an opportunity of being heard, within a period of six weeks thereafter. P.N.RAVINDRAN, JUDGE nj.