IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 1ST JULY 2009 / 10TH ASHADHA 1931 WP(C).No. 16172 of 2009(N) ---------------------------------------- PETITIONER(S): ------------------------- JASMIN.V.K., AGED 39, W/O.SUNIL.M.KARANI, ASST.ENGINEER, L.S.G.D. SECTION, ANICAD GRAMA PANCHAYAT. BY ADVS. MR.VARGHESE C.KURIAKOSE, MR.B.S.SURESH KUMAR. RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY, PUBLIC WORKS DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE PRINCIPAL SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 3. THE CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM. 4. THE CHIEF ENGINEER, LOCAL SELF GOVERNMENT DEPARTMENT, THIRUVANANTHAPURAM. R1 TO R4 BY SR. GOVERNMENT PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/07/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.RAVINDRAN, J. ------------------------------------- W.P.(C)No.16172 of 2009 -------------------------------------- Dated 1st July, 2009 JUDGMENT The petitioner, an Assistant Engineer of the Public Works Department was deployed to the Local Self Government Department by Ext.P2 order dated 11.7.2006. Such deployment was in terms of G.O.(P)No.186/2000/LSGD dated 4.7.2000 (Ext.P1) as per which the deployment is for a period of three years except in cases where the deployed officer gets promoted in the parent cadre before the expiry of the said period. The grievance voiced by the petitioner in this writ petition is that though she has completed the normal tenure of three years, she has not been redeployed to her parent department. The petitioner submits that her juniors who were deployed along with her, have been repatriated to the parent department. 2. The learned Government Pleader appearing for the respondents submits on instructions that though the normal tenure of deployment is three years, paragraph (xiv) of Ext.P1 Government order itself states that the deployed staff would be relieved only after the substitute joins. She submits that the list of deployed officers who have completed more than three years of service on deployment has been prepared, that the name of the petitioner is included therein and WP(C).No.16172/2009 2 that the petitioner has not been absorbed in the Local Self Government Engineering Cadre. She also submits that as soon as a substitute is posted in the petitioner's place, the petitioner will be repatriated to the parent department. 3. The pleadings disclose that more than six years have passed after the petitioner was deployed. The challenge made by officers of the Public Works Department and Water Resources Department to their absorption in the Local Self Government Engineering Cadre, has been repelled by this Court. Therefore, the respondents will have to take expeditious steps to post a substitute in the petitioner's place and repatriate her to the parent department. In view of the steps taken by the Government to repatriate the petitioner, the petitioner cannot have an apprehension that she will not be repatriated to her parent department. However, since more than six years have passed after the petitioner was deployed, I direct the respondents to repatriate the petitioner to the parent department expeditiously and in any event within four months from today by posting a substitute in the petitioner's place. The writ petition is disposed of as above. P.N.RAVINDRAN Judge TKS