IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 12TH MARCH 2009 / 21ST PHALGUNA 1930 WP(C).No. 7713 of 2009(H) ------------------------- PETITIONERS: --------------- 1. E.M.VASUDEVAN, FIRST GRADE DRAFTSMAN, L.S.G.D.SUB DIVISION, PAZHAYANNUR, THRISSUR DISTRICT. 2. T.DILIPKUMAR, FIRST GRADE DRAFTSMAN, L.S.G.D.BLOCK PANCHAYAT SUB DIVISION, PALAKKAD. BY ADV. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SRI.M.R.JAYAPRASAD SRI.P.MOHANDAS (ERNAKULAM) SRI.MATHEW SUNNY RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER, LOCAL SELF GOVERNMENT DEPARTMENT, THIRUVANANTHAPURAM. BY GOVT. PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.7713 of 2009 -------------------------- Dated this the 12th March,2009 J U D G M E N T Petitioners are working as First Grade Draftsman in the L.S.G.D Sub Division in Pazhayannur and L.S.G.D Block Panchayat Sub Division in Palakkad respectively. The Government as per its policy decided to deploy Engineering Staff to Local Self Government Institutions from Public Works and Irrigation Departments as per Exhibit-P1. Petitioners were thus deployed. On completion of three years, Government Ordered to re- deploy 64 Assistant Engineers to the parent department by Exhibit-P2 order. Petitioners never exercised any option to continue in L.S.G.D. They were interested in continuing in their parent department itself. 2. After the Special Rules namely the Local Self Government Engineering Service Rules came into force with effect from 1.1.2008, the employees were given chances for exercising the option to continue either at W.P ( C) No.7713 of 2009 2 L.S.G.D or return to their parent department. Accordingly, petitioners have exercised their option to return to their parent department in December 2007. 3. Subsequently, orders have been passed allowing the petitioners to join at the Public Works Department and now they have been included in the seniority list of First Grade Draftsman in the Public Works Department. 4. Petitioners have filed Exhibits P4 and P5 representations before the Chief Engineer, Public Works Department who was forwarded the same to the 2nd respondent, the Chief Engineer, Local Self Government Department. Appropriate orders will have to be passed by the 2nd respondent so as to enable them to join their parent department. 5. Heard learned Government Pleader. It is submitted that there is delay in view of the fact that various writ petitions are pending before this Court in respect of the re-deployment of personnel and therefore the substitutes have to be found out to re-deploy the petitioners. Such exercise will have to be undertaken after W.P ( C) No.7713 of 2009 3 assessing various circumstances also. 6. Be that as it may, there will be a direction to the 2nd respondent to consider and pass orders on Exhibit P4 and 5 within a period of two months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No.7713 of 2009 4 W.P ( C) No.7713 of 2009 5