IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 21ST JULY 2008 / 30TH ASHADHA 1930 WP(C).No. 21789 of 2008(R) -------------------------- PETITIONER: ------------ 1. AJAY KUMAR.B.S., 3RD GRADE OVERSEAR L.S.G.D.NAGAROOR PANCHAYAT, TRIVANDRUM 2. RAJENDRAN ACHARI.T, 3RD GRADE OVERSEER LSGD MANIKKAL GRAMA PANCHAYAT PIRAPPANCODE PO., TRIVANDRUM 3. JAYA PRAKASH.S.K., 3RD GRADE OVERSEAR LSGD, KILIMANOOR PANCHAYAT TRIVANDRUM 4. JAYA PRAKASH.S.P., 2ND GRADE OVERSEAR, LSGD, ANAD GRAMA PANCHAYAT, TRIVANDRUM. BY ADV. SRI.M.POLY MATHAI RESPONDENTS: ------------- 1. CHIEF ENGINEER LOCAL SELF GOVERNMENT DEPARTMENT TRIVANDRUM 2. THE ASST.ENGINEER, LSGD, NAGAROOR PANCHAYAT, TRIVANDRUM 3. THE ASST.ENGINEER, LSGD., MANIKKAL GRAMA 4. ASST.ENGINEER, BGD, KILIMANOOR PANCHAYAT, TRIVANDRUM 5. ASST.ENGINEER, ANAD GRAMA PANCHAYAT TRIVANDRUM. BY GP SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).21789/2008 -------------------- Dated this the 21st day of July, 2008 JUDGMENT Petitioners 1 to 3 are 3rd Grade Overseers and fourth petitioner is 2nd Grade Overseer in the Irrigation Department and then deployed to the Local Self Government Department in the year 2002. They contend that they belong to Thiruvananthapuram District. They had opted for deployment to LSG Department only on the premise that they will be posted in Thiruvananthapuram. In the year 2007, they had given option of going out to the newly formed Engineering Cadre in the LSGD. They opted for the newly formed service apparently on the premise that they will be given a posting in Thiruvananthapuram District. But by Exts.P1 to P3 orders, treating them as optees to the LSG Engineering Cadre, petitioners have been deployed to the station outside Thiruvananthapuram District. Hence the writ petition. 2. Petitioners have moved Ext.P4 series representations before the Chief Engineer pointing out that persons who W.P.(C).21789/2008 2 are junior to them in the Irrigation Department and who had also opted to come over to the LSG Department, are continued to be retained in Thiruvananthapuram District, whereas they have been transferred out of the district. It is contended that the rule of seniority, amongst the optees, must be made applicable, if posting outside the district or in the LSG Engineering Cadre is resorted to. 3. In my view, this contention may be considered by the Chief Engineer. 4. Learned counsel for the petitioners submits that even if deployment to another department is opted for, petitioners would be entitled to seek repatriation to the parent department in terms of Rule 8 of Part-II of K.S & S.S.R and the petitioners are entitled to exercise such right. 5. If the petitioners seek a repatriation to the parent W.P.(C).21789/2008 3 department, their request will have to be considered subject to Rule 8 of Part-II of K.S. & S.S.R. 6. Since the petitioners’ request for a posting within Thiruvananthapuram district is pending before the Chief Engineer, there will be a direction to the first respondent, the Chief Engineer, to consider Ext.P4 series requests and pass orders thereon, after hearing the petitioners, within a period of four weeks from the date of receipt of a copy of this judgment. Copy of the writ petition shall also be produced along with the copy of the judgment before the first respondent. V.GIRI, Judge mrcs