IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 29TH AUGUST 2011 / 7TH BHADRA 1933 WP(C).No. 19859 of 2011(F) -------------------------- PETITIONER(S): --------------- D.M.DEVARAJAN, HEALTH SUPERVISOR NOW WORKING AS KUDUMBASHREE PROJECT OFFICER CORPORATION OF COCHIN BOAT JETTY, KOCHI-11 BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.BRIJESH MOHAN SMT.DHANYA CHANDRAN SRI.M.V.JOSEPH (ALAPPUZHA) RESPONDENT(S): --------------- 1.STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT LOCAL SELF GOVERNMENT DEPARTMENT GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM-695001 2.THE DIRECTOR OF URBAN AFFAIRS THIRUVANANTHAPURAM-695001 3.CORPORATION OF COCHIN, BOAT JETTY KOCHI-682011, REPRESENTED BY ITS SECRETARY ADV. SRI.RANJITH.R, SC, COCHIN CORPORATION FOR R3 GOVERNMENT PLEADER SMT.SMITHA SUKUMAR-R1 & 2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 19859 OF 2011 APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF THE PROCEEDINGS NO.P.D.1/18278/07 DATED 11.7.2007 ISSUED BY THE 3RD RESPONDENT. P2: TRUE COPY OF G.O(RT)NO.3057/2010/LSGD DATED 16.9.2010 ISSUED BY THE FIRST RESPONDENT. P3: TRUE COPY OF REQUEST SUBMITTED BY THE PETITIIONER BEFORE THE SECOND RESPONDENT DATED 1.6.2011. P4: TRUE COPY OF REQUEST OF THE 3RD RESPONDENT TO THE 2ND RESPONDENT DATED 3.6.2011. P5: TRUE COPY OF ORDER NO.P.D.1-356/06 DATED 16.7.2011 ISSUED BY THE 3RD RESPONDENT P6: TRUE COPY OF ORDER NO.ES-1610/11 DATED 28.7.2011 ISSUED BY THE 2ND RESPONDENT. P7: TRUE COPY OF THE GUIDELINES/GENERAL NORMS ISSUED BY THE 1ST RESPONDENT. P8: TRUE COPY OF THE LETTER NO.32316/EU2/11/LSGD DATED 29.6.2011 ISSUED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT. P9: TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER ON 22.8.11 BEFORE THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS: R3(A):TRUE PHOTOSTAT COPY OF THE LETTER DATED 11.7.2011 SUBMITTED BY THE MAYOR BEFORE THE 1ST RESPONDENT. R3(B):TRUE PHOTOSTAT COPY OF THE LETTER DATED 19.7.2011 SUBMITTED BY THE SECRETARY, CORPORATION OF COCHIN, BEFORE THE 2ND RESPONDENT. //TRUE COPY// P.A TO JUDGE C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.19859 OF 2011 -------------------------------------------- Dated this the 29th day of August, 2011 JUDGMENT The petitioner is working as Health Supervisor under the Municipal Common Service. He is due to retire from service on 31.3.2012. He was appointed on deputation as Kudumbashree Project Officer in Cochin Corporation since 2007. The period of deputation was extended from time to time. Ext.P4 would reveal that the Corporation has recommended for extension of the period of deputation of the petitioner up to 31.3.2012. While it was pending consideration of the Government, the third respondent issued Ext.P5 order relieving the petitioner from the service of the Corporation directing him to report before the competent authority under the parent department for reposting. It is challenging Ext.P5 order that this Writ Petition has been filed. 2. A counter affidavit has been filed on behalf of the third respondent in this Writ Petition. Along with the counter affidavit, the third respondent has produced Exts.R3(a) and R3(b). It is evident from Exts.R3 (a) and R3(b) that subsequent to Ext.P4, the Corporation has taken a view to terminate the petitioner's deputation. In other words, they took a W.P.(C) NO.19859 of 2011 2 decision to request the Government to terminate the deputation of the petitioner and repatriate him to his parent department. The learned Government Pleader, upon instructions, submitted that the subsequent request of the Corporation was acted upon and it was decided to terminate the deputation of the petitioner and repatriate him to his parent department. It is a settled position of law that in the matter of deputation, the deputationist cannot contend that he is having a legal right to continue on deputation. If the order terminating the deputation does not carry any stigma, the deputationist cannot raise any grievance with respect to his repatriation to his parent department. There is no averment in the Writ Petition that the decision to repatriate him to the parent department cast any stigma on him and therefore, liable to be interfered with. The contention of the petitioner is that he is due to retire from service on 31.3.2012 and that earlier, as per Ext.P4, the Corporation had taken a decision to recommend for extension of his period of deputation. Evidently, the said decision was changed and as is obvious from Exts.R3 (a) and R3(b), the Corporation requested the Government to terminate the deputation of the petitioner and repatriate him to his parent department. Admittedly, the period of deputation was over on 6.7.2011. In fact, Ext.P5 was implemented on 23.7.2011 and one Sri.Sunil Thomas is working as W.P.(C) NO.19859 of 2011 3 member secretary of East Zone and Sri.James P.Thomas, Health Supervisor is working as member secretary of the West Zone of the Corporation. In the circumstances expatiated above, I do not find any reason to interfere with Ext.P5 as the said order does not cast any stigma on the petitioner. 3. The petitioner has filed I.A.No.14378 of 2011 in this Writ Petition. Along with the said I.A, the petitioner has produced Exts.P6 to P9. Ext.P9 is a representation for posting. As per Ext.P9, the petitioner has requested for a posting at Cochin Corporation or Aluva or Thripunithura Municipalities. It is for the second respondent to consider and pass orders thereon in accordance with Ext.P7 guidelines. In the said circumstances, without interfering with Ext.P5, this Writ Petition is disposed of with a direction to the second respondent to consider Ext.P9 representation and pass appropriate orders on expeditiously, at any rate, within a period of one month from today. (C.T. RAVIKUMAR, JUDGE) spc The word “on” occurring between the words “orders” and “on expeditiously” in the last sentence of the judgment dated 29.8.2011 is W.P.(C) NO.19859 of 2011 4 corrected and substituted as “thereon”, as per order dated 2.3.2012 in W.P. (C).No.19859/2011. Sd/- Registrar (Judicial) C.T. RAVIKUMAR, J. W.P.(C) NO.19859 of 2011 5 JUDGMENT September, 2010