IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 23RD MAY 2011 / 2ND JYAISHTA 1933 WP(C).No. 11672 of 2011(H) -------------------------------- PETITIONER: -------------- JOSEPH.P.V., PD TEACHER, GOVT.HIGHER SECONDARY SCHOOL, UDMA, NOW WORKING ON DEPUTATION AS SHOP ASSISTANT FLI-220, ULIKKAL, AGED 44 YEARS, S/O.VARKEY, RESIDING AT PAARIKKAPPALLY, ULIKKAL.P.O., KANNUR DISTRICT. BY ADV. SRI.SURESH KUMAR KODOTH RESPONDENTS: ------------------ 1. THE DIRECTOR OF PUBLIC INSTRUCTIONS, PUBLIC INSTRUCTION DIRECTORATE, THIRUVANANTHAPURAM-695 001. 2. STATE OF KERALA, REPRESENTED BY SECRETARY TO THE GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, THIRUVANANTHAPURAM-695 001. 3. KERALA STATE BEAVERAGES (MANUFACTURING AND MARKETING) CORPORATION LTD., REPRESENTED BY ITS MANAGING DIRECTOR, SASTHAMANGALAM, THIRUVANANTHAPURAM-695 110. BY ADV. SRI. ELVIN PETER P J FOR R3. SMT.NISHA BOSE, GOVERNMENT PLEADER FOR R1 & R2. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.11672 Of 2011-H ----------------------------------------------------- DATED THIS THE 23rd DAY OF MAY, 2011 J U D G M E N T The petitioner who was appointed as Primary Departmental Teacher in the year 2001 in the Kasaragod District was appointed as Shop Assistant on deputation to the Beverages Corporation as per Exhibit P2 order. The period of deputation expires on 7.10.2011. The grievance raised in the Writ Petition initially is that before the expiry of the period of deputation, the Corporation has taken a decision to relieve him as per Exhibit P4 order. 2. Along with I.A.No.7439/2011, the petitioner has produced Exhibit P5 order passed by the Director of Public Instruction, whereby the deputation itself was cancelled. 3. The main ground raised in the Writ Petition is that the period of deputation is not over. It is also stated that the petitioner has got various personal problems which requires his presence in the native place and therefore at least accommodation for some more months will be required. W.P.(C)No.11672/11 -2- 4. Evidently, the petitioner was on deputation. It cannot therefore be said that the Director of Public Instruction has no power to cancel the deputation. Therefore, I do not find anything wrong with Exhibit P5 order. But still if the petitioner is aggrieved by Exhibit P5 order in the sense that he requires some more months accommodation in the same District, namely, Kannur District, and that too in the same station, it is upto him to approach the Director of Public Instruction. 5. It is pointed out by the learned Standing Counsel for the Corporation that the Corporation has already relieved the petitioner. If a representation is filed by the petitioner before the Director of Public Instruction, the same will be considered and appropriate orders will be passed. The Writ Petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE. dsn