IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 5TH JANUARY 2009 / 15TH POUSHA 1930 WP(C).No. 37804 of 2008(A) -------------------------- PETITIONER: --------------- ARUN VARGHESE,S/O.LATE PROF ARBY VARGHESE,AGED 32,VAZHAKKERICKAL HOUSE,MELUKAVU.PO, KOTTAYAM DIST,PIN 686652 (SENIOR SUPERINTENDENT, OFFICE OF THE COMMISSIONER OF CIVIL SUPPLIES, PUBLIC OFFICE, THIRUVANANTHAPURAM) BY ADV. SRI.R.T.PRADEEP RESPONDENTS: --------------- 1. THE SECRETARY TO GOVERNMENT FOOD AND CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF CIVIL SUPPLIES, THIRUVANANTHAPURAM. 3. KERALA STATE CIVIL SUPPLIES CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, MAVELI BHAVAN, KOCHI-20. ADV. SMT.MOLLY JACOB,SC,SUPPLYCO FOR R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.37804 of 2008 -------------------------- Dated this the 5th January,2009 J U D G M E N T The writ petitioner is aggrieved by Exhibit-P5 by which the Government has passed an order deputing him to the Kerala State Civil Supplies Corporation. The main complaint raised by the petitioner is that he has not been confirmed yet by declaration of his probation as contemplated under Rule 24 of the Kerala State and Subordinate Services Rules. Hence he cannot be deputed under Rule 9B of the K.S & S.S.R. It is also submitted that he is a special recruitee as he is a scheduled tribe. He has submitted Exhibit-P3 representation before the Government narrating the personal problems faced by him. His brother is a mental patient and is unmarried. So petitioner's presence in the house is necessary. 2. Learned Government Pleader, on instructions, submits that the petitioner has already been relieved and he has joined the 3rd respondent Corporation. It is up to W.P ( C) No.37804 of 2008 2 the petitioner to invite the attention of the Government by filing appropriate representation seeking a reconsideration of deputation in the Kerala State Civil Supplies Corporation. If the petitioner files such a representation within a period of one week from today, the 1st respondent will consider the same on merits, in accordance with the rules or other circulars in force. This shall be done within a period of one month from the date of receipt of the representation. The writ petition is disposed of as above. (T.R.RAMACHANDRAN NAIR, JUDGE) ma