IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 15TH MARCH 2010 / 24TH PHALGUNA 1931 WP(C).No. 8392 of 2010(Y) ------------------------- PETITIONER(S): --------------- BTOJ ANDREW, RATIONING INSPECTOR, CITY RATIONING OFFICE (SOUTH), THIRUVANANTHAPURAM RESIDING AT N-14, NGO QUARTERS, HARITHA NAGAR, NANTHENCODE, THIRUVANANTHAPURAM. BY ADV. SRI.M.SREEKUMAR RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, FOOD CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. COMMISSIONER OF CIVIL SUPPLIES, THIRUVANANTHAPURAM. 3. DIRECTOR OF CIVIL SUPPLIES, THIRUVANANTHAPURAM. 4. KERALA STATE CIVIL SUPPLIES CORPORATION LTD., REPRESENTED BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM. BY STANDING COUNSEL MOLLY JACOB FOR R4 SRI ARAVIND KUMAR BABU, R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (C) No. 8392 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of March, 2010 J U D G M E N T The challenge in this Writ Petition is against the deputation of the petitioner who is working in the Civil Supplies Department as Rationing Inspector, to Kerala State Civil Supplies Corporation. Earlier, he was deputed to the Civil Supplies Corporation during December, 2000 and on completion of 5 years period he was repatriated to the parent department. Thereafter, when steps were taken to depute him to the Civil Supplies Corporation for yet another turn, the petitioner had approached the Government. In his representation before the Government he has elaborately explained the compelling circumstances for seeking exemption from deputation. After considering the reasons stated in the representation Government exempted the petitioner from being sent on deputation for a period of one year from 6.12.2008, as per Ext.P2 dated 7.3.2010. The said period of one year had expired on 5.12.2009. The grievance of the petitioner is that despite the continuance of the very same situation, now as per order dated 20.02.2010 sanction was WPC.8392 of 2010 : 2 : accorded by the Government for deputation of the petitioner to the 4th respondent Corporation. This writ petition has been filed challenging the said order on the ground that the deplorable situation that made the Government to grant an order in favour of the petitioner, is still in existence and therefore he is entitled to get exemption from deputation. Expatiating the said situations he has already submitted Ext.P6 representation before the first respondent seeking exemption from deputation to the 4th respondent Corporation. In fact, what has been requested by the petitioner is for extension of the benefit granted earlier as per Ext.P2. The said representation is still pending consideration before the Government, it is submitted. In the circumstances, without making any observation as to the merits of the contentions, this writ petition is disposed of with a direction to the first respondent to consider and pass orders on Ext.P6 expeditiously. Considering the fact that the order passed under Ext.P5 will take its effect, with effect from 1.4.2010 it will only be appropriate to pass orders on Ext.P6 prior to 1.4.2010. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A. To Judge