IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 30TH NOVEMBER 2011 / 9TH AGRAHAYANA 1933 WP(C).No. 14220 of 2007(P) ---------- -------------------------- PETITIONER(S): ----------------------- N.SUNDEV, JUNIOR EMPLOYMENT OFFICER, PROFESSIONAL EMPLOYMENT EXCHANGE, CHAKKA, TRIVANDRUM, RESIDING AT VARINJAMTHODATHU VEEDU, MULLUVILA, VADAKKEVILA P.O., KOLLAM-691 010. BY ADVS. SRI.K. JAJU BABU SRI. BRIJESH MOHAN RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT OF KERALA, GENERAL ADMINISTRATIVE DEPARTMENT, GOVT. SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF EMPLOYMENT, TRIVANDRUM. BY GOVERNMENT PLEADER SRI. NOBLE MATHEW THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VPV WPCNO.14220/2007 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF MEMO NO.37643/SA2/2002/GAD DATED 10.10.02 ISSUED BY THE 1ST RESPONDENT. EXT.P2: COPY OF MEMO NO.37643/SA2/02/GAD DATED 19.3.2003 ISSUED BY THE 1ST RESPONDENT. EXT.P3: COPY OF ORDER NO.J1/47189/96/DE DATED 20.3.2003 ISSUED BY THE JOINT DIRECTOR OF EMPLOYMENT. EXT.P4: COPY OF REQUEST SUBMITTED BY THE PETITIONER BEFORE THE DIRECTOR OF NATIONAL EMPLOYMENT SERVICE DATED 7.7.03. EXT.P5: COPY OF LETTER NO.19314/G1/03/LBR. DATED 20.10.04 SENT BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT. EXT.P6: COPY OF LETTER NO.J1/47189/96/DE DATED 25.11.04 SENT BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT. EXT.P7: COPY OF LETTER NO.2177/SA1/2007/GAD DATED 25.4.07 SENT BY THE 1ST RESPONDENT TO THE PETITIONER. EXT.P8: COPY OF CIRCULAR NO.798/R1/2004/P&ARD DATED 15.7.2004 ISSUED BY THE CHIEF SECRETARY TO GOVT. OF KERALA. EXT.P9: COPY OF LETTER DATED 28.3.07 SENT BY THE 2ND RESPONDENT TO THE PETITIONER. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE VPV S.SIRI JAGAN, J. ================== W.P.(C).No. 14220 of 2007 ================== Dated this the 30th day of November, 2011 J U D G M E N T The petitioner initially got appointment as Assistant Grade II in the Administrative Secretariat of the Government of Kerala. His service in the Administrative Secretariat was regularised by Exts.P1 and P2 orders. Later on, he got appointment as a Junior Employment Officer through the Kerala Public Service Commission by Ext.P3 order. Pursuant thereto, he joined as Junior Employment Officer under the Directorate of Employment of the Government of Kerala. But he was not confirmed in that Department, nor was his lien in the Administrative Secretariat terminated. The petitioner made Ext.P3 request for repatriation to the parent Department of Administrative Secretariat. The same was not considered. The petitioner approached this Court by filing W.P.(C).No.9159/2007, in which, this Court directed consideration of his claim. By Ext.P7, the petitioner's claim was rejected. The petitioner is challenging Ext.P7 order seeking the following reliefs: “i) issue a writ of certiorari or other appropriate writ, order or direction, calling for the records leading to Ext.P7 and quash the same; ii) declare that Ext.P8 is not applicable to the request made b the petitioner as per Ext.P4. iii) issue a writ of certiorari or other appropriate writ, order or direction calling for the records leading to Ext.P8 and quash the w.p.c.14220/07 - : 2 :- same to the extent it declines the request in Ext.P4 as per Ext.P7. iv) direct the 2nd respondent not to confirm the petitioner in the Employment Department. v) issue a writ of mandamus or other appropriate writ, order or direction, directing the respondents to reappoint the petitioner as Assistant in the Administrative Secretariat as requested in Ext.P4 with all consequential benefits. According to the petitioner, the petitioner's case is squarely covered by the Full Bench decision of this Court in Balakrishnan Nair v. Rammohan Nair, 1998 (1) KLT 766, insofar as the petitioner's lien in the Administrative Secretariat has not been terminated and he was not confirmed in the other Department. 2. The 2nd respondent has filed a counter affidavit supporting Ext.P7 order. 3. I have considered the rival contentions in detail. 4. Ext.P7 order reads thus: “Attention is invited to the representations and the W.P. cited. The representation submitted by you have been examined by Government in detail. The Director of Employment has informed that you are eligible for confirmation in the Labour Department and the details are being collected for issuing final orders in the matter. Hence your request for re-appointment in the Administrative Secretariat under Rule 8 of KS &SSRs is rejected in the light of the Circular No.768/R1/2004/P & ARD dtd. 15.7.2007. The direction of the Hon'ble High Court in the Writ petition is disposed of accordingly.” In the same, it is not stated that the petitioner's lien in the Administrative Secretariat has been terminated or that he has been confirmed in the other Department. That being so, the case of the petitioner is squarely covered by the Full Bench decision referred to w.p.c.14220/07 - : 3 :- above. Therefore, the petitioner is entitled to be repatriated to the Administrative Secretariat as requested by him. Accordingly, the respondents are directed to see that the petitioner is repatriated to the Administrative Secretariat. Orders in this regard shall be passed and the petitioner shall be repatriated to the Administrative Secretariat, as expeditiously as possible, at any rate, within three months from the date of receipt of a certified copy of this judgment. Needless to say, the petitioner would be entitled to all benefits arising therefrom like seniority etc. in the Administrative Secretariat, in accordance with law. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge