IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 26TH JUNE 2008 / 5TH ASHADHA 1930 WP(C).No. 19190 of 2008(H) -------------------------- PETITIONER: ------------ K.G.GIREESAN, S/O.RAGHAVAN, AGED 51 YEARS, ASSISTANT GRADE II, FLI - 362, KUNNIKKODE, KOLLAM, RESIDING AT NIDHILAYA, PLAKKODU, EDAKKIDAM P.O., EZHUKONE, KOLLAM. BY ADV. SRI.M.K.CHANDRA MOHANDAS SRI.MURALI MADANTHACODU SMT. S.SMITHA RESPONDENTS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, INDUSTRIAL DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. KERALA STATE BEVERAGES (MANUFACTURING & MARKETING) CORPORATION LIMITED, REP. BY ITS MANAGING DIRECTOR, SASTHAMANGALAM, THIRUVANANTHAPURAM. 3. SECRETARY, TAXES DEPARTMENT, STATE OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 4. KERALA SALYCYLATES & CHEMICALS LIMITED, REP. BY ITS MANAGING DIRECTOR, POST BOX NO.4, KAZHAKUTTAM, THIRUVANANTHAPURAM. 5. THE MANAGER, WAREHOUSE, KOLLAM. BY ADV. SRI.P.J.ELVIN PETER,SC,BEVERAGES CORPN. FOR R2 GOVT.PLEADER SMT.M.R. SREELATHA FOR R1 & R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/06/2008, THE COURT ON 26/06/2008 DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.19190 of 2008 -------------------------- Dated this the 26th June, 2008 J U D G M E N T Petitioner was sent on deputation from Kerala State Salicylates and Chemicals Ltd to Kerala State Beverages Corporation as Assistant Grade II. He then joined as Shop in Charge in FL1- 362 Kunnikkodu under Kollam Warehouse. Apparently, the Kerala State Salicylates and Chemicals Ltd was subsequently closed. In the meanwhile, petitioner's term of deputation came to an end and he is directed to be relieved as per Exhibit P1. But the petitioner find himself in an unfortunate predicament that his parent company is no longer functioning. 2. Taking note of the comprehensive situation where persons who have been sent by deputation from several Public Sector Undertakings are now facing retrenchment on account of closure of their parent company, Government has issued an order containing recommendations of the cabinet sub committee constituted for restructuring the Public Sector Undertakings. The Beverages Corporation cannot be faulted with for directing the relief of the petitioner on expiry of the period of deputation. But at W.P ( C) No.19190 of 2008 2 the same time, petitioner's grievance will have to be addressed by the Government. Government has to take a decision in this regard, going by the recommendations of the cabinet sub committee constituted for restructuring the Public Sector Undertakings. Accordingly, the writ petition is disposed of in the following terms: Petitioner may file a representation indicating the above aspects before the Government, within a period of two weeks from today. Government shall take a decision on his representation, within four weeks thereafter in the light of the recommendations of the cabinet sub committee constituted for restructuring the Public Sector Undertakings. Government is also competent to direct the continuance of the deputation of the petitioner. In the circumstances, it is open to the petitioner to seek such appropriate interim relief from the Government also. To enable to the petitioner to do so, the 2nd respondent shall permit the petitioner to continue in service on deputation till the Government takes a decision as aforementioned. (V.GIRI, JUDGE) ma W.P ( C) No.19190 of 2008 2 W.P ( C) No.19190 of 2008 2