IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY MONDAY, THE 21ST NOVEMBER 2011 / 30TH KARTHIKA 1933 WP(C).No. 28771 of 2004(A) ---------------------------------- PETITIONER(S): ------------------- M.RADHAKRISHNAN NAIR, PROJECT OFFICER (ASST.DEVELOPMENT COMMISSIONER), INTEGRATED TRIBAL DEVELOPMENT PROJECT, ATTAPPADY). BY SRI.K.R.B. KAIMAL, SENIOR ADVOCATE ADV.SRI.B.UNNIKRISHNA KAIMAL RESPONDENT(S): -------------------- 1. THE SECRETARY TO GOVERNMENT, GENERAL ADMINISTRATION DEPARTMENT, CONVENOR, DEPARTMENTAL PROMOTION COMMITTEE (LOWER AND HIGHER) FOR LAW DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER FOR RURAL DEVELOPMENT, THIRUVANANTHAPURAM. R1 & 2 BY GOVT. PLEADER SRI. V. VIJULAL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO.28771/2004 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ORDER NO.CRD (M1)999/88 DATED 29/04/1988 (RELEVANT PORTION) ISSUED BY THE 2ND RESPONDENT. P2: COPY OF THE GOVERNMENT ORDER NO.G.O.(Rt)NO.1063/89/LAW DATED 23/12/1989. P3: COPY OF THE GOVERNMENT NOTIFICATION NO.G.O.(Rt)NO.6248/98/GAD DATED 21 /08/1998. P4: COPY OF THE SELECT LIST ISSUED IN GOVERNMENT NOTIFICATION G.O.(Rt)NO.7482/98/GAD DATED 20/10/1998. P5: COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN O.P. NO.35470/2000 DATED 19/12/2000. P6: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE LAW SECRETARY TO GOVERNMENT. P7: COPY OF THE LETTER NO. ESTT.A1-32753/98/CRD DATED 27/10/98 OF THE 2ND RESPONDENT TO THE LAW SECRETARY, TRIVANDRUM. P8: COPY OF THE ORDER OF THIS HONOURABLE COURT IN C.M.P. NO.22601/99 IN OP. NO.14001/99 DATED 09/06/1999. P9: COPY OF THE REPRESENTATION DATED 19/10/2002 SUBMITTED BY THE PETITIONER TO THE HONOURABLE MINISTER FOR REVENUE & LAW TRIVANDRUM. P10:COPY OF THE LETTER NO.16374/02/ADMN(1)/LAW DATED 15/01/2003 OF THE LAW SECRETARY TO GOVERNMENT TO THE PETITIONER. P11: COPY OF THE ORDER NO.G.O.(Rt)3087/99/GAD DATED 17/04/1999 ISSUED BY THE 1ST RESPONDENT. P12: COPY OF THE JUDGEMENT OF THIS HONOURABLE COURT IN O.P. NO.6005/2002 DATED 20/02/2003. P13: COPY OF THE REPRESENTATION DATED 02/02/2003 SUBMITTED BY THE PETITIONER TO THE HONOURABLE MINISTER FOR REVENUE AND LAW. svs ...........2/-... ...2... WPC. NO.28771/2004 P14: COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN WPC. NO.14893/2004 DATED 07/06/2004. P15: COPY OF THE GOVERNMENT ORDER NO.ESTT.A1/6818/2004/CRD DATGED 08/07/2004. P15(a):COPY OF THE RELEVANT PORTION OF THE APPENDIX TO THE EXT.P15 ORDER. P16: COPY OF THE ORDER G.O.(Rt)NO.6334/2004/GAD DATED 03/09/04 ISSUED BY THE 1ST RESPONDENT. P17: COPY OF THE G.O.(Rt)NO.2046/2010/GAD DATED 23/03/2010. P18: COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN WPC. NO.18409/2004 AND CONNECTED CASE DATED 21/06/2010. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs B.P. RAY, J. - - - - - - - - - - - - - - - - - W.P.(C) No.28771 of 2004 - - - - - - - - - - - - - - - - Dated this the 21st day of November, 2011. JUDGMENT Heard the learned counsel for the petitioner. 2. The petitioner has filed this writ petition with the following prayers: (1)a writ of certiorari quashing/setting aside Ext.P16 order. (2)a writ of mandamus to the first respondent to reconsider the request of the petitioner for reversion to the Law Department and to allow the request of the petitioner and to revert him to the Law Department with all consequential benefits of promotions to higher posts with effect from the dates of promotion of immediate junior of the petitioner. The petitioner has been confirmed in the Rural Development Department with effect from 01.07.1989. He retired from Service in the year 2005. Therefore, question of repatriation does not arise. Accordingly, this writ petition is dismissed. sd/- B.P. RAY, JUDGE. rv W.P.(C). No. -:2:-