IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 18TH FEBRUARY 2011 / 29TH MAGHA 1932 WP(C).No. 2813 of 2011(B) ----------------------- PETITIONER : --------------------- T.NATARAJAN, SUBHASH HOUSE, NARUVAMOODU P.O., NARUVAMOODU, THIRUVANANTHAPURAM BY ADVS. SRI.L.MOHANAN SMT.LIGEY ANTONY RESPONDENT : ----------------------- KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM-01 BY ADV. SRI. V.V. NANDAGOPAL NAMBIAR, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 2813 of 2011(B) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : MEDICAL CERTIFICATE ISSUED FROM THE ORTHOPAEDICS DEPARTMENT OF MEDICAL COLLEGE HOSPITAL, THIRUVANANTHAPURAM. EXT.P2 : TREATMENT CERTIFICATE ISSUED BY THE MEDICAL OFFICER 22-11-2010. EXT.P3 : COPY OF JOINING REPORT ISSUED BY THE MANAGER, KSBC LTD., WARE HOUSE NEDUMANGADU ON 10-6-2008. EXT.P4 : COPY OF THE LETTER OF THE RESPONDENT DATED 26-11-2010 ADDRESSED TO THE MANAGING DIRECTOR OF KSBC LTD. EXT.P5 : COPY OF THE LETTER OF THE RESPONDENT TO THE MANAGING DIRECTOR OF THE KSBC DATED 2-12-2010. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.S. TO JUDGE Mn C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C)No. 2813 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of February, 2011 J U D G M E N T The petitioner who is a driver in the Kerala State Road Transport Corporation was deputed to the Kerala State Beverages Corporation (M &M)Limited as Shop Assistant at FL I shop No.292, Vembayam under the Warehouse Nedumangad. Ext.P3 is his joining report. As per Ext.P4 the term of deputation was extended for a further period of one year from 7.6.2010. The period extension of deputation would expire on 6.6.2011. In the meanwhile, Ext.P5 was issued whereby the Managing Director of the first respondent requested the KSBC to repatriate the petitioner to the parent department. It is obvious from Ext.P5 that shortage of drivers in the Corporation is resulting in cancellation of services and in fact, more than 150 schedules are being cancelled on account of the said reason, it is contended. Taking note of its impact on the revenue of the Corporation as also inconvenience to the travelling public, the Managing Director of the respondent requested the Managing Director of KSBC WPC.2813/2011 : 2 : to repatriate nine drivers including the petitioner herein to the Corporation with immediate effect. It is challenging Ext.P5 that this writ petition has been filed. 2. I have heard the learned counsel for the petitioner and also the learned Standing Counsel. The petitioner had met with an accident in the year 2006. Considering the nature of injuries sustained by the petitioner on his rejoining duty, he was assigning only light duties. Subsequently he was deputed to KSBC as Shop Assistant. Evidently, 4 years had lapsed since the accident. True that as per Ext.P4 the period of deputation was extended for a period of one year from 7.6.2010. Evidently, as per Ext.P4 the period was so extended under the existing terms and conditions of deputation. It is the settled position of law that a deputationist cannot as a matter of right claim for continuance in the borrowing department. The borrowing department or the lending department on sufficient reasons seek for repatriation of the deputationist. Evidently, the cancellation of deputation would not cast any stigma on the petitioner as is obvious from Ext.P4. No ground has been brought out by the WPC.2813/2011 : 3 : petitioner compelling interference with Ext.P5. There is no merit in this writ petition, accordingly, it is dismissed. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge