IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 6TH FEBRUARY 2009 / 17TH MAGHA 1930 WP(C).No. 3960 of 2009(U) ------------------------- PETITIONERS: --------------- 1. BINEESH K.K., ASSISTANT ENGINEER, L.S.G.D. SECTION, KOTTOOR GRAMA PANCHAYATH, KOZHIKODE DISTRICT. 2. T.L.MOHAN, ASSISTANT ENGINEER, L.S.G.D. SECTION, BALUSSERY GRAMA PANCHAYATH, KOZHIKODE DISTRICT. 3. VINU KUMAR M.C., ASSISTANT ENGINEER, L.S.G.D. SECTION, PERUVAYAL GRAMA PANCHAYATH, KOZHIKODE DISTRICT. BY ADV. DR.K.P.SATHEESAN 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 06/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.3960 of 2009 -------------------------- Dated this the 6th February,2009 J U D G M E N T Petitioners are presently working as Assistant Engineers at L.S.G.D. Section in Kottoor Grama Panchayat, Balussery Grama Panchayat and Peruvayal Grama Panchayat respectively. All of them were originally appointed in the Public Works Department. 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. 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 L.S.G.D. or return to their parent department. Accordingly all the petitioners exercised option for return to their parent department in December 2007 W.P ( C) No.3960 of 2009 2 before the commencement of the Special Rules. Even though the claim was accepted and they have been allowed to rejoin duty in the parent department so far they could not be relieved for want of substitutes. 3. In these circumstances, petitioners have filed Exhibits P3 to P5 representations before the 2nd respondent to relieve them from the respective Panchayats so as to enable them to return to their parent department. 4. Heard learned Government Pleader also. 5. It is submitted that the issue relating to redeployment and other matters are challenged by some of the aggrieved candidates before this Court in various writ petitions. Therefore, it is submitted that some time may be granted for finding out substitutes and for posting them. 6. In the light of the fact that Exhibits P3 to P5 are pending before the 2nd respondent, there will be a direction to the 2nd respondent to consider the request made by the petitioners for re-deploying them after finding out the substitutes. The same shall be done W.P ( C) No.3960 of 2009 3 within a period of six weeks 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.3960 of 2009 4 W.P ( C) No.3960 of 2009 5