IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 23RD JULY 2008 / 1ST SRAVANA 1930 W.P(C).No. 22133 of 2008(I) -------------------------- PETITIONER: ----------- VINOD KUMAR.M, 3RD GRADE OVERSEAR, LSGD KURUVATHOOR GRAMA PANCHAYAT, KOZHIKODE. BY ADV. SRI.M.POLY MATHAI SRI.P.CHELLAPPAN RESPONDENTS: ------------ 1. THE CHIEF ENGINEER, L.S.G DEPARTMENT, THIRUVANANTHAPURAM. 2. THE ASSISTANT ENGINEER, LSGD, KURUVATTOOR G.P, KOZHIKODE. 3. THE CHIEF ENGINEER (ADMN.), P.W.D, TRIVANDRUM. BY SMT. SUDHA DEVI, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/07/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).22133/2008 -------------------- Dated this the 23rd day of July, 2008 JUDGMENT Petitioner, a 3rd Grade Overseer in the Public Works Department, was deployed to the LSGD by order dated 31.12.2004. Deployment was originally for a period of three years. But petitioner continues on deployment even now. An Engineering Cadre was set up in the LSGD by the Government. Options were sought for. But the petitioner did not opt for the same. In fact he filed Ext.P2 representation before the Chief Engineer, PWD (Administration), seeking cancellation of his deployment and repatriation to the parent department. Orders are yet to be passed thereon. 2. In the meanwhile, under Ext.P4 order, petitioner has been transferred to the Balussery Panangad Grama Panchayat. Petitioner is aggrieved that his request for cancellation of deployment has not been considered. But he continues to be treated as deployed in the LSGD and he is even transferred to another station also. Petitioner W.P.(C).22133/2008 2 submits that the statement in Ext.P5, to the extent to which it says that the petitioner's transfer is also on a request, is a wrong statement of fact. Petitioner has submitted Ext.P5 before the first respondent, the Chief Engineer, in the LSG Department and the same is pending consideration. 3. Having heard learned counsel on both sides, writ petition is disposed of in the following terms:- (i). Third respondent shall consider the petitioner's request under Ext.P2 and take a decision thereon, within a period of six weeks from the date of receipt of a copy of this judgment. (ii). Once such an order is passed, it shall be communicated to the first respondent and first respondent shall proceed to pass orders on Ext.P5 on the basis of the decision taken by the third respondent on Ext.P2. (iii). On receipt of the decision taken by the W.P.(C).22133/2008 3 third respondent, first respondent shall, within two weeks thereafter, take a decision on Ext.P5. (iv). If the petitioner has not been relieved as on date pursuant to Ext.P4, he shall be permitted to be retained in the same station, until a decision is taken by the first respondent as aforementioned. V.GIRI, Judge mrcs