IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 8TH DECEMBER 2009 / 17TH AGRAHAYANA 1931 WP(C).No. 33904 of 2009(G) -------------------------- PETITIONER(S): --------------- 1. K.VINAYA RAJ,S/O.LAKSHMANAN, 45 YEARS,ASSISTANT ENGINEER,BLOCK DEVELOPMENT OFFICE,BALUSSERI,KOZHIKODE DISTRICT. 2. M.K.ABDUL HAMEED,S/O.AHAMMED KUTTY, 51 YEARS,BLOCK DEVELOPMENT OFFICE,THODANNUR, KOZHIKODE DISTRICT. 3. M.M.KUNHAMMAD,S/O.KUNHABDULLA,55YEARS, BLOCK DEVELOPMENT OFFICE,VATAKARA, KOZHIKODE DISTRICT. 4. M.SURESH BABU,S/O.NARAYANA NAIR, II GRADE OVERSEER,BLOCK DEVELOPMENT OFFICE, THODANNUR,KOZHIKODE DISTRICT. BY ADV. SRI.K.V.PAVITHRAN SRI.JAYANANDAN MADAYI PUTHIYAVEETTIL SRI.T.P.SAEED RESPONDENT(S): --------------- 1. BLOCK DEVELOPMENT OFFICER,BALUSSERY, KOZHIKODE DISTRICT. 2. BLOCK DEVELOPMENT OFFICER, THODANNUR,KOZHIKODE DISTRICT. 3. BLOCK DEVELOPMENT OFFICER,VATAKARA. 4. COMMISSIONER OF RURAL DEVELOPMENT, LMS COMPOUND,TRIVANDRUM. WPC NO.33904/2009 5. PRINCIPAL SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, THIRUVANANTHAPURAM. 6. PRINCIPAL SECRETARY,PUBLIC WORKS DEPT, THIRUVANANTHAPURAM. 7. CHIEF ENGINEER,PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM. 8. CHIEF ENGINEER,LOCAL SELF GOVERNMENT DEPARTMENT,TRIVANDRUM. MRS.ANU SIVARAMAN, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.33904 of 2009 (G) --------------------------------- Dated, this the 8th day of December, 2009 J U D G M E N T The petitioners 1 to 3 are Assistant Engineers, and the 4th petitioner is a 2nd grade overseer. They belong to Public Works Department and now on deployment to the Block Development Office. It is stated that except the 1st petitioner, others have already been relieved from the Block Development Office, without any orders posting them in a particular office of the PWD. The petitioners apprehend that such an order will be issued to the 1st petitioner also. It is stated that the direction given is that those relieved have to report before the Chief Engineer, PWD for further posting. They contend that without posting them to any particular post in the PWD, they shall not be relieved from the Block Development Offices. 2. The learned Government Pleader has obtained instructions in the matter and submits that by order dated 04/06/2009, all technical posts in the Block Development Offices have been abolished. It is stated that because of this order, the petitioners have to be relieved. WP(C) No.33904/2009 -2- 3. Admittedly, the petitioners belong to the PWD and were on deployment to the Block Development Offices. Since all the technical posts in the Block Development Offices are abolished, the petitioners are not eligible to continue in those Offices. If so, no fault can be found in relieving the petitioners. 4. However, there is substance in the grievance raised that even those petitioners, who have already been relieved, are not given any posting. This certainly is a matter for the Chief Engineer to consider. 5. Having regard to the fact that by Ext.P2 series of representations, the petitioners have already approached the 2nd respondent, and that the above representations have been received and are pending before the 2nd respondent, I direct the 2nd respondent to consider those representations and pass orders thereon. This shall be done as expeditiously as possible, at any rate, within four weeks of production of a copy of this judgment, along with a coy of this writ petition. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg