IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 3RD FEBRUARY 2010 / 14TH MAGHA 1931 WP(C).No. 2815 of 2010(B) ------------------------- PETITIONER(S): --------------- SAJU.M, AGED 31 YEARS, SON OF MANUEL, RESIDING AT SAJI BHAVANAM, KODUVILA.P.O, EAST KALLADA VILLAGE, KOLLAM TALUK, KOLLAM-691 502, (LOWER DIVISION CLERK, GHS PONMUNDAM, MALAPPURAM DISTRICT). BY ADV. SRI.JOHNSON GOMEZ RESPONDENT(S): --------------- 1. THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM DISTRICT. 2. THE HEAD MASTER, GHS, PONMUNDAM, MALAPPURAM DISTRICT. 3. THE CHIEF ENGINEER, HRM, K.S.E.B, VYDHUTHI BHAVANAM, PATTOM PALACE POST, THIRUVANANTHAPURAM. GOVT. PLEADER SRI.T.T.MAHAMOOD ADV.K.S.ANIL,SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 2815 of 2010 ================== Dated this the 3rd day of February, 2010 J U D G M E N T The petitioner is working as a Lower Division Clerk in the Education Department under the 1st respondent. He is presently working at G.H.S Ponmundam, in Malappuram Distrct. He was selected by the PSC for appointment to the Kerala State Electricity Board, pursuant to which, he was issued with Ext.P2 appointment order. The petitioner requested the 1st respondent to relieve him from duty to join the Kerala State Electricity Board. The 1st respondent refused to relieve the petitioner on the ground that he should submit his resignation first. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs: “a. To issue a writ of mandamus or any other appropriate Writ Order or direction compelling and commanding the first respondent to permit the petitioner to be relieved from the service of the second respondent for taking up employment in the KSEB pursuant to Ext.P2 appointment order issued by the third respondent. b. To issue a writ of mandamus or any other appropriate Writ Order or Direction compelling and commanding the second respondent to issue a relieving order to enable the petitioner to joined (sic) the services of KSEB pursuant to Ext.P2 appointment. c. To issue a writ of mandamus or any other appropriate Writ Order or Direction compelling and commanding the first respondent to consider Ext.P3 representation in accordance with law and to pass an appropriate orders (sic) within a time frame that this Hon'ble Court may consider reasonable. d. To issue a writ of mandamus or any other appropriate Writ Order or Direction compelling and commanding the third respondent to consider Ext.P5 representation in accordance with law and to pass 2 an appropriate orders (sic) within a time frame that this Hon'ble Court may consider reasonable.” 2. Today the learned Government Pleader has produced before me a copy of an order dated 25.1.2010, whereby an order has been issued from the office of the 1st respondent directing that the petitioner be relieved from his present post to accept employment in the KSEB. In the above circumstances, respondents 1 and 2 are directed to relieve the petitioner forthwith for taking up employment in the KSEB. If the petitioner reports for duty before the 3rd respondent within one week from the date when he is relieved from the present post, the 3rd respondent shall permit the petitioner to join duty notwithstanding the delay in joining duty. However, this will not stand in the way of respondents 1 and 2 insisting upon the petitioner paying any liability due from him to the Government. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge