IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 1ST SEPTEMBER 2008 / 10TH BHADRA 1930 WP(C).No. 25696 of 2008(S) -------------------------- OA.745/2007 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONER: ----------------- K.K.ANWAR HUSSAIN, AGED 33 S/O. CHERIYA KOYA, MECHANIC GRADE - B, FISHERIES WORKSHOP, KAWARATHI, LAKSHADWEEP. BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENTS: ---------------------- 1. THE ADMINISTRATOR, UNION TERRITORY OF LAKSHADWEEP, KAWARATHI, LAKSHADWEEP. 2. THE DIRECTOR OF FISHERIES DEPARTMENT, ADMINISTRATION OF UNION TERRITORY, LAKSHADWEEP. 3. THE ASSISTANT DIRECTOR OF FISHERIES, DIRECTORATE OF FISHERIES DEPARTMENT, LAKSHADWEEP. 4. THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH. BY ADV. SRI.S.RADHAKRISHNAN,SC,LAKSHADWEEP ADMN FOR R1 TO 3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & M.C.HARI RANI JJ. ----------------------------------------------------- W.P.(C)No.25696 OF 2008 ----------------------------------------------------- DATED THIS THE 1st DAY OF SEPTEMBER, 2008 J U D G M E N T Balakrishnan Nair, J. The petitioner is a Mechanic Grade-B in the Fisheries Workshop, Kawarathi. He has been transferred from Kawarathi to Suheli, an uninhabited island. A temporary workshop facility is set up there to cater to the needs of fishermen who come to that island during fishing season. If a fishing boat is to be taken to Kawarathi from Suheli for repairs, it will be expensive in terms of time and money. Therefore, the Lakshadweep Administration thought of providing a temporary workshop facility at Suheli itself and the petitioner has been posted there. He was to work there from September 2007 to May, 2008. Orders issued in this regard are Annexures A9, A12 and A13 produced along with Exhibit P1 Original Application No.745/07. The petitioner applied for leave on medical grounds. He was not willing to go as directed by the Administration. He represented pointing out that the employees from other Departments are sent only for one month and thereafter they are replaced by others. Such rotation system will be ideal for the petitioner's Department also, it was pointed out. W.P.(C)No.25696/08 -2- Annexure A10 is the representation filed by the petitioner. But, the competent authority did not grant any relief to the petitioner and he was asked to join duty. In the above background, the Original Application was filed. The Tribunal after hearing both sides dismissed the Original Application by Exhibit P4 order. This Writ Petition is filed challenging Exhibit P4. 2. The Tribunal took the view that it is for the Administration to decide as to how and in what manner an employee should be deployed to Suheli. The Court has no role to play in that. The said decision is under challenge. We are of the view that the Tribunal was perfectly justified in taking the above said view. Deployment of employees in exigencies of service is purely an executive function. Under our constitutional scheme, those who are answerable to the legislature alone can discharge executive functions. The Court has no role to play in it. Ours is a government of the people and not of the courts. We agree with the reasons and conclusions of the Tribunal. Accordingly, the Writ Petition is dismissed. K.BALAKRISHNAN NAIR,JUDGE. M.C.HARI RANI, JUDGE. dsn