IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 4TH FEBRUARY 2010 / 15TH MAGHA 1931 WP(C).No. 1919 of 2010(L) ------------------------- PETITIONER(S): --------------- V.S.SHOOBI, U.D.CLERK, UDUMA GRAMA PANCHAYATH, KASARAKOD DIST. (NOW ALLOTTED TO KOTTAYAM DIST.), RESIDING AT 'KRISHNALAYAM', THOKKAD P.O., VADASSERI KONAM, TRIVANDRUM-695 143. BY ADVS. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.BRIJESH MOHAN SMT.DHANYA CHANDRAN SRI.A.HAROON RASHEED RESPONDENT(S): --------------- 1. THE DIRECTOR OF PANCHAYATH, TRIVANDRUM. 2. THE JOINT DIRECTOR OF PANCHAYATH (ADMINISTRATION), THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C) NO. 1919 OF 2010 -------------------------------------------- Dated this the 4th day of February, 2010 JUDGMENT The petitioner, while working as Upper Division Clerk in Uduma Grama Panchayat, was deputed to C-DIT (Centre for Development of Imaging Technology) in the year 2007. On completion of the deputation period, he was repatriated to the parent department. Clause 25 of Ext.P1 Government Order provides the guidelines in the matter of posting of persons who returns from deputation/foreign employment. The petitioner claims the benefits of the said clause. According to him, Exts.P3 and P8 were passed totally disregarding the said aspect and, as such, they are liable to be interfered with. 2. As per clause 25 of Ext.P1, persons who return from deputation/ foreign employment will be given posting in the existing vacancies, provided they submit their application in time. In terms of the above clause, the petitioner has already submitted Ext.P2 representation before the first respondent. In ground (C) of the Writ Petition, the petitioner has W.P.(C)NO. 1919/2010 2 averred that two vacancies are available in the office of the first respondent itself and despite the existence of vacancies, he is not given a posting to which he is entitled, as per Ext.P1. 3. Admittedly, vacancies are available in Thiruvananthapuram District and the petitioner can be accommodated in any one of those vacancies. Therefore, without going into the merits of the contentions, this Writ Petition can be disposed of . Even though the petitioner claimed a posting at Thiruvananthapuram, on his return from deputation, he was given a posting at Kottayam District, as per Ext.P3 order. Considering the fact that there are vacancies available at Thiruvananthapuram District, there is no reason to decline that request of the petitioner. In the circumstances, it will only be appropriate to post the petitioner in Thiruvananthapuram District itself. The first respondent shall,therefore, take appropriate step in that regard within ten days from the date of receipt of a copy of this judgment. The Writ Petition is disposed of as above. (C.T. RAVIKUMAR, JUDGE) sp/ W.P.(C)NO. 1919/2010 3 C.T. RAVIKUMAR, J. W.P.(C) NO. 1919/2010 JUDGMENT 4th February, 2010