IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 13TH OCTOBER 2008 / 21ST ASWINA 1930 WP(C).No. 27506 of 2008(Y) -------------------------- PETITIONER(S): --------------- 1. SHAJAHAN KABEER K.T, ASSISTANT ENGINEER, L.S.G.D SECTION, VAZHIKADAVU GRAMA PANCHAYAT,NILAMBOOR, MALAPPURAM DISTRICT. 2. HARINDRANATHAN V.T. ASSISTANT ENGINEER, L.S.G.D SECTION, KOTTAKKAL GRAMA PANCHAYAT, MALAPPURAM DISTRICT. 3. HARIKUMAR M.P. ASSISTANT ENGINEER, L.S.G.D RANNI PERINAD GRAMA PANCHAYAT, PATHANAMTHITTA DISTRICT. 4. SAJTIH M.N., ASSISTANT ENGINEER, L.S.G.D SECTION PERUMPADAPPU GRAMA PANCHAYAT, MALAPPURAM DISTRICT. 5. VISWAN NAIR K.K. ASSISTANT ENGINEER, L.S.G.D SECTION ANGADIPURAM GRAMA PANCHAYAT, MALAPPURAM DISTRICT. BY ADV. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SRI.M.R.JAYAPRASAD SRI.P.MOHANDAS (ERNAKULAM) RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY WATER RESOURCES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE PRINCIPAL SECRETARY LOCAL SELF GOVERNMENT DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE CHIEF ENGINEER IRRIGATION AND ADMINISTRATION, THIRUVANANTHAPURAM. 4. THE CHIEF ENGINEER LOCAL SELF GOVERNMENT DEPARTMENT, THIRUVANANTHAPURAM. BY GOVT. PLEADER SMT.ANU SIVARAMAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ------------------------------- W.P.(C) No.27506 of 2008 ------------------------------- Dated this the 13th October, 2008. J U D G M E N T The petitioners are presently working as Assistant Engineers in the Local Self Government Department. They were recruited as Assistant Engineers in the Water Resources Department. Pursuant to the decision taken by the State Government evidenced by Ext.P1, they were deployed to the Local Self Government Department. One of the terms of such deployment was that the deployment would be for a period of three years, except when the personnel who are deployed get promoted in their parent cadre in the meanwhile. Ext.P1 also stipulates that the deployed staff would be relieved by the Local Self Government Department only after a substitute is posted in their place. W.P.(C) No.27506 of 2008 2 2. The petitioners submit that they have completed three years of service in the Local Self Government Department pursuant to their deployment and that they are entitled to be repatriated to their parent department. The petitioners further submit that they have moved the third respondent, the Chief Engineer in Exts.P3 to P7 representations, seeking repatriation to their parent department. The petitioners have, in this writ petition, prayed for a writ in the nature of mandamus commanding the respondents to repatriate them to the Water Resources Department. They also pray for a writ in the nature of mandamus commanding the respondents to take appropriate action on Exts.P3 to P7 representations. 3. I have heard Dr.K.P.Satheesan, the learned counsel appearing for the petitioners and Smt.Anu Sivaraman, the learned Government Pleader for the official respondents. The learned Government Pleader appearing for official respondents submits that petitioners can be relieved only if substitutes are appointed in their place and that clause xiii of Ext.P1 is subject to clause xiv thereof. She, however, submitted W.P.(C) No.27506 of 2008 3 that the Chief Engineer before whom Exts.P3 to P7 representations have been submitted will consider the matter, taking into account the availability of substitutes and take a decision thereon, within a time limit to be fixed by this Court. In the light of the said submission, this Writ Petition is disposed of with a direction to the third respondent Chief Engineer, to consider the request made by the petitioners in Exts.P3 to P7 and take a decision thereon, expeditiously and in any event, within six months from the date on which petitioners produce a certified copy of this judgment. While taking a decision on Exts.P3 to P7 representations, the third respondent shall also take note of the fact that persons placed similarly as the petitioners have already been repatriated to their parent department. P.N.RAVINDRAN, JUDGE nj. The words “six months” occurring in the 1st sentence (5th line) in the last paragraph of the judgment dated 13/10/2008 W.P.(C) No.27506 of 2008 4 in WP(C) No.27506/2008 are corrected as “six weeks” vide order dated 28/10/2008 in I.A.No.13396/2008 in WP(C) No.27506/2008. Sd/- Registrar (Judicial)