IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 14TH FEBRUARY 2008 / 25TH MAGHA 1929 WP(C).No. 5291 of 2008(E) ------------------------- PETITIONER: ------------ N.CHANDRA BABU, ASSISTANT ENGINEER, K.I.P. (LB), SECTION NO.19/13, KOLLAM-2, RESIDING AT KANJIRAMVILA HOUSE, MULLUVILA, VADAKKEVILA P.O., KOLLAM. BY ADV. SRI.R.RAMADAS RESPONDENTS: ------------- 1. THE CHIEF ENGINEER, IRRIGATION AND ADMINISTRATION, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER (GENERAL AND ADMINISTRATION), KERALA PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM. 3. THE SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY GOVT.PLEADER SHRI BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. -------------------------- W.P.(C)No. 5291 OF 2008 ----------------------------- DATED THIS THE 14TH DAY OF FEBRUARY, 2008 J U D G M E N T Petitioner is presently working as Assistant Engineer in the Irrigation Department. He had originally joined the Public Works Department as Draftsman Grade-I. The Public Works Department was bifurcated into PWD and Irrigation Department with effect from 1.4.1990. Separate recruitment was undertaken to the post of Assistant Engineer under the Departmental quota through the Public Service Commission. The rank list came into force on 25.11.1993. As noted above, this was after the bifurcation with effect from 1.4.1990. The petitioner claims that on the basis of his option he should have been appointed in the PWD, but he was actually appointed in the Irrigation Department on account of the availability of vacancies and on the premise that the cadre strength of Assistant Engineers(Graduates) in PWD at that time was about 565. It seems that the denial of option to certain persons who had sought for appointment in the Engineering Graduates quota for in-service candidates ultimately W.P.(C)No.5291/08 2 came to be considered by a Division Bench of this Court in W.A.No.2535/98. Subsequently, according to the petitioner, persons similarly situated to that of the petitioner, who were alloted to the Irrigation Department were given a posting as Assistant Engineer in the PWD. Petitioner claims similar benefit. He has submitted Exhibit P3 representation in this regard before the Chief Engineer. 2. After hearing the learned counsel for the petitioner and the learned Government Pleader, the writ petition is disposed of directing the 2nd and 3rd respondents to consider Exhibit P3 and take a decision thereon in accordance with law, within a period of three months from the date of receipt of a copy of this judgment. V.GIRI, JUDGE. dsn