IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 12TH JUNE 2008 / 22ND JYAISHTA 1930 WP(C).No. 17466 of 2008(D) -------------------------- PETITIONER: ------------ SHAJIMON.J., CHIRAYIL, PALLIPURAM P.O., CHERTHALA. BY ADV. SRI.G.GOPAKUMAR (CHERTHALA) RESPONDENTS: ------------- 1. STATE OF KERALA REP. BY THE SECRETARY, INDUSTRIES DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. KERALA STATE BEVERAGES (M & M) CORPORATION LTD., REP. BY ITS MANAGING DIRECTOR, SASTAMANGALAM, THIRUVANANTHAPURAM. 3. THE SECRETARY, TAXES & FINANCE DEPARTMENT, STATE OF KERALA, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. BY ADV. SRI.P.J.ELVIN PETER,SC,BEVERAGES CORPN. FOR R2 GOVERNMENT PLEADER SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).17466/2008 -------------------- Dated this the 12th day of June, 2008 JUDGMENT Petitioner was working in the second respondent, Beverages Corporation, on deputation basis as Shop-in- charge/Assistant Grade-II. He was received on deputation from the Kerala Construction Components Ltd., Cherthala, a Public Sector undertaking. On completion of his period of deputation, he has been relieved from the second respondent, Corporation. But by the time, the parent company which is a Public Sector Undertaking has been closed and the result is that the petitioner who has been relieved from the second respondent, found himself without employment in the parent company. 2. Ext.P5 guidelines, issued by the Government inter alia provides that absorption of people received on deputation will be considered after examination on a case to case basis, with reference to the question as to whether the deputation was based on Government approval against sanctioned posts in the borrowing PSU. Certain W.P.(C).17466/2008 2 options are provided in circumstances where the parent company is ordered to be closed. Since the issue is to be decided on a case to case basis, it is upto the petitioner to approach the Government. 3. In the result, writ petition is disposed of with the following directions. 4. If the petitioner files a representation seeking the benefit of Ext.P5 guidelines before the first respondent within a period of one month from today, first respondent shall consider and take appropriate action thereon, keeping in mind Ext.P5 guidelines and any other general decision that may have been taken by the Government in that regard, within a period of two months thereafter. Petitioner shall produce a copy of the writ petition also along with the copy of the judgment, before the first respondent. V.GIRI, Judge mrcs