IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 10TH JUNE 2010 / 20TH JYAISTHA 1932 WP(C).No. 14418 of 2010(B) -------------------------- PETITIONER(S): --------------- STEPHEN, S/O. HICHEAL, AGED 50, BADHANIA, MULLUVILA.P.O, NEYYATINKARA (DRAFTSMAN GRADE I, VELLANAD BLOCK PANCHAYATH, VELLANAD) BY ADV. SRI.R.T.PRADEEP SRI.V.VIJULAL RESPONDENT(S): --------------- 1. THE SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. CHIEF ENGINEER, DEPARTMENT OF LOCAL SELF GOVERNMENT, THIRUVANANTHAPURAM. 3. EXECUTIVE ENGINEER, DEPARTMENT OF LOCAL SELF GOVERNMENT, DISTRICT PANCHAYATH, THIRUVANANTAPURAM. GOVERNMENT PLEADER SRI.ARAVINDKUMAR BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/06/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J ------------------- W.P.(C).14418/2010 -------------------- Dated this the 10th day of June, 2010 JUDGMENT Petitioner was an Overseer Grade-II in the Department of Water Resources. On 25.4.2003, he was deployed on a temporary basis to the Local Self Government Department. Subsequently, petitioner exercised his option on 31.1.2008 for repatriation to his parent Department. This option was sought to be cancelled by the petitioner on 29.12.2008. According to the petitioner, despite the cancellation of the option, he is now included in the list of employees to be repatriated to the Water Resources Department and it is aggrieved by this, the writ petition is filed. 2. Learned Government Pleader has obtained instructions in the matter. According to him, cancellation of option exercised by the petitioner was only on 29.12.2008. This was much after the last date of exercising option , viz., 31.1.2008. It is stated that option once exercised cannot be cancelled and that cancellation was not accepted by the Department and therefore, the Department acted upon the option exercised by the W.P.(C).14418/10 2 petitioner on 31.1.2008. Government Pleader also submits that such rejection of the cancellation was for the reason that acceptance of the cancellation, at that stage, would have affected the seniority of several persons who were promoted and directly recruited to the LSGD in the meanwhile. 3. Evidently cancellation of option was much after 31.1.2008, the last date for exercising the option. Rule also provides that option once exercised cannot be cancelled. If cancellation was not accepted, petitioner deserves to be repatriated and if so, his inclusion in the list of repatriation to the parent Department cannot be faulted. I am not persuaded to interfere with this writ petition. It is accordingly dismissed. Needless to say that it is upto the petitioner to pursue Ext.P4 which is stated to have been filed before the 1st respondent. ANTONY DOMINIC, Judge mrcs