IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 30TH JUNE 2008 / 9TH ASHADHA 1930 WP(C).No. 19297 of 2008(V) PETITIONER: -------------------- K.J. PETER, INDUSTRIES EXTENSION OFFICER, CHERTHALA MUNICIPALITY, CHERTHALA, ALAPPUZHA DT. BY ADV. SRI.ELVIN PETER P.J. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, INDUSTRIES DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM 2. THE DIRECTOR OF INDUSTRIES & COMMERCE, OFFICE OF THE DIRECTOR OF INDUSTRIES & COMMERCE, TRIVANDRUM. 3. P.D. MOLLY, SENIOR SUPERINTENDENT, OFFICE OF THE DIRECTOR OF INDUSTRIES & COMMERCE, TRIVANDRUM. BY GOVERNMENT PLEADER SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ------------------------- W.P.(C).No.19297 of 2008 V ------------------------- Dated this the 30th day of June, 2008. JUDGMENT The petitioner is working as an Industries Extension Officer and is currently stationed in the Cherthala Municipality. He originally entered service in the Department of Factories and Boilers as Typist-Clerk pursuant to advice by the Public Service Commission. While so, in 1981, on inter-departmental transfer, he entered service in the Industries Department as Typist-Clerk. There were only executive orders governing the subordinate service (as also the State service) in the Industries Department, at that point of time. The petitioner submits that a Typist-Clerk appointed on transfer was entitled to exercise option within one month either to continue as L.D.Typist or L.D.Clerk. The petitioner opted for the post of L.D.Clerk. His probation was declared and thereafter, he was promoted as U.D.Clerk and thereafter as Auditor. Subsequently, he was promoted as Head Clerk on 7.6.1994. While so, he was given appointment by W.P.(C).NO.19297/08 :: 2 :: transfer as Junior Co-operative Inspector, which is a post borne in the Industries Subordinate Service. According to the petitioner, his option was not sought for when he was appointed as a Junior Co-operative Inspector, on his transfer. While continuing as Junior Co-operative Inspector, he was appointed as Junior Superintendent, which is a post borne in the Ministerial Service and later appointed as Industries Extension Officer in the Industries Subordinate Service as per order dated 21.4.1999. 2. As stated above, earlier the post in the Industries Subordinate Service was comprehended by executive orders and not by statutory rules. Special Rules for the Industries Subordinate Service were issued as per Government Order dated 17.2.2001, but with retrospective effect from 1.7.1983. The Special Rules for the State Service were issued as per Government Order dated 28.6.1990. 3. After the enforcement of the Special Rules, the Director of Industries called for options from among the officers in the W.P.(C).NO.19297/08 :: 3 :: Ministerial Service and vice versa, vide circular dated 27.7.2001. According to the petitioner, such circular was not circulated amongst the officers in different offices and he was not aware of the same. Apparently, the inadequacy in the circulation of circular was taken note of by this court in O.P.No.26071/02 at the instance of a person, whose request, for assigning seniority to her in the Ministerial Subordinate Service, was turned down. The petitioner refers to the seniority list amongst U.D.Clerks in the Industries Department working in the Ministerial Service published by the Director of Industries and Commerce on 29.01.1994 and points out that he is senior to Smt.P.D.Molly, 3rd respondent. This is for the purpose of contending that Smt.Molly was Junior to the petitioner in the category of U.D.Clerk in the Ministerial Service. She is now working as Senior Superintendent as per order dated 26.2.2008 and her scale of pay is fixed at Rs.10790-18000, as against the scale of pay of the petitioner as Industries Extension Officer, Rs.9190-15510. It is, in these circumstances, W.P.(C).NO.19297/08 :: 4 :: that the petitioner has sought for repatriation back to the Ministerial Wing and consequent promotion as Senior Superintendent with effect from 26.02.2008, the date on which his junior Smt.P.D.Molly was promoted as Senior Superintendent. Ext.P24 request is submitted in this regard and the same is pending before the Government. 3. I heard learned counsel for the petitioner Mr.Elvin Peter and the learned Government Pleader. 4. Learned Government Pleader submits that there is no material to clearly indicate that the petitioner was not aware of the circular issued by the Director of Industries and Commerce in 2001 inviting options from officers in the Ministerial Service and vice versa. Learned counsel for the petitioner submits that even if the issuance of circular was true, the petitioner still has a right of repatriation back to the parent Ministerial Wing, as long as he has not been confirmed in the Industries Service. In my view, this is a matter that may be considered by the Government. W.P.(C).NO.19297/08 :: 5 :: 5. In the result, the writ petition is disposed of directing the 1st respondent to consider and pass orders on Ext.P24, after hearing the petitioner, within a period of three months from the date of receipt of a copy of this judgment. The petitioner shall produce a copy of this judgment along with a copy of the writ petition before the 1st respondent for compliance. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. To Judge