IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 29TH JANUARY 2009 / 9TH MAGHA 1930 WP(C).No. 2989 of 2009(E) ------------------------- PETITIONER: --------------- SHINI.M, ASSISTANT ENGINEER, L.S.G.D.SECTION, EDAPPAL GRAMA PANCHAYAT, MALAPPURAM DISTRICT. BY ADV. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SRI.M.R.JAYAPRASAD SRI.P.MOHANDAS (ERNAKULAM) 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 SRI.P. NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.2989 of 2009 -------------------------- Dated this the 29th January,2009 J U D G M E N T Petitioner seeks for a direction to the 2nd respondent to relieve the petitioner from L.S.G.D. so as to enable her to join in the Public Works Department. Necessary facts for the purpose of this case are the following. 2. Petitioner is presently working as Assistant Engineer in L.S.G.D Section, Edappal Grama Panchayat in Malappuram district. She was originally appointed as Assistant Engineer in the Public Works Department. Government as per Exhibit-P1 order decided to deploy Engineering Staff to Local Self Government Institutions from Public Works and Irrigation Departments. This was for a period of three years going by clause xiii of Exhibit-P1. By Exhibit-P2, 64 Assistant Engineers were redeployed. Thereafter, on 1.1.2008 Local Self Government Engineering Service Rules came into force. As per the Special Rules, the employees are given the chance for exercising the option to continue either at L.S.G.D. or return to their parent department. Accordingly , the petitioner exercised option W.P ( C) No.2989 of 2009 2 for return to her parent department. This was during November 2007. Petitioner was awaiting further orders in the matter. Aggrieved by the delay, she has approached this Court by filing this writ petition. 3. Heard learned Government Pleader appearing for the respondents. It is pointed out that going by Clause xiv of Exhibit-P1 the deployed staff would be relieved by the local government only after the substitute joins. It is also submitted that various matters regarding deployment/transfer/absorption etc., are pending before this Court in different writ petitions and that has also caused delay in placing substitutes to comply with the request made by the petitioner and similarly placed persons. Be that as it may, since the petitioner has filed Exhibit- P3 representation, the Chief Engineer, 2nd respondent will consider the same and pass appropriate orders in accordance with scheme, 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.2989 of 2009 3 W.P ( C) No.2989 of 2009 4