IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 28TH JULY 2010 / 6TH SRAVANA 1932 WP(C).No. 21859 of 2010(F) -------------------------- PETITIONER(S): --------------- K.MANOHARAN, THIRD GRADE OVERSEER, KARUVATTUR GRAMA PANCHAYATH, KOZHIKODE DISTRICT. BY ADV. SRI.K.C.CHARLES SRI.M.POLY MATHAI RESPONDENT(S): --------------- 1. THE GOVERNMENT SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, TRIVANDRUM, PIN - 695 001. 2. THE CHIEF ENGINEER, LOCAL SELF GOVERNMENT DEPARTMENT, TRIVANDRUM, PIN - 695 001. 3. THE ASSISTANT CHIEF ENGINEER, LOCAL SELF GOVERNMENT DEPARTMENT, KARUVATTUR, KOZHIKODE, PIN - 693 555. MR.ARAVIND KUMAR BABU, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.21859 of 2010 (F) --------------------------------- Dated, this the 28th day of July, 2010 J U D G M E N T The petitioner is an Overseer Gr.-III in the Irrigation Department and is on deployment to Local Self Government Department. He did not opt for absorption in the LSGD and represented for repatriation to the parent Department, after 3 years. His representation was directed to be considered in Ext.P5 judgment of this Court. Accordingly, the representation was considered and by Ext.P6 order dated 24/05/2010 his request has been rejected by the 2nd respondent. It is thereupon that this writ petition has been filed. 2. Learned Government Pleader has obtained instruction in the matter and submits that it is mainly for want of substitutes in the LSGD that the petitioner was declined to the repatriated. 3. If as stated by the learned Government Pleader, the genuineness of which is not in doubt, there is want of substitutes in the LSGD, this Court will not be justified in finding fault with the 2nd WP(C) No.21859/2010 -2- respondent in having taken the view that the petitioner cannot be repatriated at this stage. Therefore, the only direction that is possible is to direct that the 2nd respondent shall consider the case of the petitioner for repatriation to the parent department on the availability of substitutes for repatriating him. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg