IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 6TH AUGUST 2008 / 15TH SRAVANA 1930 WP(C).No. 23663 of 2008(P) -------------------------------------- PETITIONER: ----------------- V.K.JAYAHASA PANICKER, HEAD CLERK, ROAD SUB DIVISION MAVELIKARA. BY ADV. SRI.LUIZ GODWIN D'COUTH SRI.P.SANTHOSHKUMAR (PANAMPILLY NAGAR) SRI.K.P.CHANDRASEKHAR. RESPONDENTS: ---------------------- 1. SECRETARY TO GOVERNMENT PWD, THIRUVANANTHAPURAM. 2. CHIEF ENGINEER, PWD, ADMINISTRATION THIRUVANANTHAPURAM. 3. CHIEF ENGINEER, LSGD, THIRUVANANTHAPURAM BY GOVERNMENT PLEADER SMT. M.R. SREELATHA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N. RAVINDRAN, J. = = = = = = = = = = = = = = = = = = = W.P(C) NO.23663 of 2008 = = = = = = = = = = = = = = = = = = = Dated this the 6th day of August, 2008 J U D G M E N T ------------------- The petitioner entered service as Lower Division Clerk in the Public Works Department on 24.1.1980. He is presently holding the post of Head Clerk. The petitioner is due to retire from service on attaining the age of superannuation on 31.3.2009. By Exhibit P1 order dated 30.6.2008, the petitioner along with 5 other persons were promoted as Junior Superintendents, under Rule 31(A)(1) of Part II, KS&SSR and deployed to the Local Self Government Department. The petitioner has submitted Exhibit P2 representation objecting to his deployment to the said Department pointing out that as he has only 7 months to retire from service, the deployment to another Department will cause him serious prejudice. The petitioner has also stated that while options were called from employees working in the PWD for deployment, he had expressed his unwillingness to be deployed to the Local Self Government Department. The petitioner contends that his deployment to the said W.P(C) NO.23663 OF 2008 -: 2 :- Department on the eve of his retirement will cause irreparable hardship and injury, as he is to retire within 7 seven months. It was also submitted that the other persons who were promoted and deployed along with the petitioner have long years of service and they are not similarly placed. 2. Per contra, learned Government Pleader contended that the deployment of the petitioner to the Local Self Government Department was in exigencies of service and that the petitioner is bound to accept the promotion and posting given as per Exhibit P1. 3. I have considered the submissions made at the Bar by the learned counsel appearing on either side. Having regard to the fact that the petitioner has only 7 months to retire from service, I find merit in the petitioner's contention that his deployment to another Department at this stage will cause serious prejudice to him. It will also create impediments in the matter of disbursement of his terminal benefits. In these circumstances, I direct the second respondent to consider the grievances voiced by the petitioner in Exhibit P2 representation and pass orders W.P(C) NO.23663 OF 2008 -: 3 :- thereon expeditiously, in any event, within one month from the date of receipt of a copy of this judgment. The second respondent shall consider the grievances set out in Exhibit P2 sympathetically having regard to the peculiar position in which the petitioner is placed. Till orders are passed on Exhibit P2, the deployment of the petitioner to the Local Self Government Department as per Exhibit P1 shall be kept in abeyance. If the petitioner is aggrieved by the order passed on Exhibit P2, it will be open to him to challenge the same in other appropriate proceedings. The Writ Petition is disposed of as above. No costs. P.N. RAVINDRAN, JUDGE. vsv