IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 29TH MARCH 2010 / 8TH CHAITHRA 1932 WP(C).No. 8660 of 2010(F) ------------------------- PETITIONER(S): --------------- P.M.SHAHANA, W/O.JALEEL, AZHIKAKATHU HOUSE, UZHUVATHU KADAVU, KODUNGALLOOR POST, THRISSUR DISTRICT, L.D.CLERK, C/O.JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), TRICHUR. BY ADV. SRI.GEORGE POONTHOTTAM RESPONDENT(S): --------------- 1. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 2. THE DEPUTY REGISTRAR (ADMINISTRATION) THIRUVANANTHAPURAM. 3. THE JOINT REGISTRAR (GENERAL), THRISSUR. 4. THE ASSISTANT REGISTRAR (GENERAL) MUKUNDAPURAM, IRINJALAKUDA. BY GOVT. PLEADER SRI. ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO. 8660 OF 2010 -------------------------------------------- Dated this the 29th day of March, 2010 JUDGMENT The petitioner is working as Lower Division Clerk in the office of the fourth respondent. As per Ext.P4 order dated 20.2.2010, she was deployed to the Local Self Government Department. It is challenging the said order that this Writ Petition has been filed. 2. The contention of the petitioner is that Ext.P1 G.O. Provides for redeployment of junior most Lower Division Clerks under the Department to the Local Self Government Institutions. Earlier, ignoring the said stipulation in the said G.O, two senior most Lower Division Clerks were ordered to be deployed to the Local Self Government Institutions. They approached this Court by filing W.P.(C). No.36636/2009. As per Ext.P3 judgment, this Court directed the sixth respondent therein, the Joint Registrar (General), Co-operative Society, Thrissur to consider the representations submitted by the petitioners therein and pass orders thereon. After considering their representations in terms of directions in Ext.P3, orders redeploying them to the Local Self W.P.(C) NO.8660/2010 2 Government Institutions were cancelled. The contention of the petitioner is that she is the next senior most person in the said category. In terms of Ext.P3 judgment, the respondents should not have redeployed the next senior most person viz., the petitioner, when juniors are available, it is submitted. According to the petitioner, there are three juniors available for redeployment. 3. The learned Government Pleader, on instruction, submitted that senior most among the juniors of the petitioner is also ordered to be deployed to the Local Self Government Institutions along with the petitioner. The next junior Smt.Annapoorni is sent for training in Junior Deploma in Commerce. Therefore, she is not available for re-deployment. With respect to the junior most Sri.O.J.Kunjumon, he was not there in the service when Ext.P1 order was passed on 10.3.2009 and that he would be deputed for J.D.C training shortly when the person already sent for training returns after completion of training. In short, the contention of the respondents is that in exigency of service, the order has to be permitted to be implemented. In view of the facts thus obtained, I am of the view that Ext.P4 order cannot be construed as illegal or passed in violation of any statutory orders. Whether the junior most person Sri.O.J.Kunjumon can be re-deployed in view of the fact that he is due to be deputed to undergo W.P.(C) NO.8660/2010 3 training, is a matter which is to be considered by the respondents. The petitioner has filed Ext.P5 representation dated 4.3.2010 before the first respondent raising all his claims and contentions. So far no orders have been passed on Ext.P5. In the circumstances, without making any observation as to the merits of the case, I am disposing of this Writ Petition with a direction to the first respondent to consider Ext.P5 representation submitted by the petitioner expeditiously, at any rate, within a period of one month from the date of receipt of a copy of this judgment. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.8660/2010 4 C.T. RAVIKUMAR, J. W.P.(C). NO. /2010 JUDGMENT 3rd March, 2010 W.P.(C) NO.8660/2010 5