IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 17TH MARCH 2008 / 27TH PHALGUNA 1929 WP(C).No. 8844 of 2008(C) ------------------------------------ PETITIONER: ------------------- SAJEEVAN.T.K., 2ND GRADE DRAFTSMAN, P.W.D. ROADS SUB DIVISION, KODUVALLY, KOZHIKODE. BY ADV. SRI.M.V.BOSE SRI.VINOD MADHAVAN SMT.NISHA BOSE RESPONDENTS: ----------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER, (ADMINISTRATION) PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM. 3. THE CHIEF ENGINEER, LOCAL SELF GOVERNMENT DEPARTMENT, THIRUVANANTHAPURAM. 4. THE SUPERINTENDING ENGINEER, P.W.D. ROADS AND BUILDINGS NORTH CIRCLE, KOZHIKODE-1. 5. THE EXECUTIVE ENGINEER, P.W.D. ROADS DIVISION, KOZHIKODE-20. 6. THE ASSISTANT EXECUTIVE ENGINEER, P.W.D. ROADS SUB DIVISION, KODUVALLY, KOZHIKODE. BY GOVERNMENT PLEADER SRI.BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 8844 of 2008 -------------------------- Dated this the 17th March, 2008 J U D G M E N T The petitioner is a II Grade Draftsman in the Public Works Department. While so, he was deployed to the Local Self Government Department and by Exhibit P2 he was posted in the office of the Assistant Engineer,Local Self Government Section, Thiruvampady. Exhibit P3 will show that notwithstanding Exhibit P2 there was no vacancy in the office of the Assistant Engineer. Therefore, the Executive Engineer of the Local Self Government Department was requested to accommodate the petitioner in some other vacancy available in the Local Self Government Department. Petitioner submitted Exhibit P4 representation before the Chief Engineer of the Public Works Department pointing out these facts and made a request that he be either retained in the Public Works Department or be posted in a suitable vacancy in the Koduvally/Kizhakkoth Panchayat. Representation was forwarded by the Assistant Executive Engineer to the Executive Engineer. In fact, under Exhibit P5, W.P ( C) No. 8844 of 2008 2 the Assistant Executive Engineer of the PWD Roads Sub Division has made it clear that there are already two vacancies of IInd Grade Draftsman in the said office and if the petitioner is transferred, it will affect the functioning of the office. 2. According to the petitioner, the order of deployment referred to in Exhibit P2 did not come into force. Certain developments took place in the mean while. This included the creation of an Engineering Wing in the Local Self Government Department. Learned counsel for the petitioner Mr.M.V.Bose submits that deployment of IInd Grade Draftsman in the Public Works Department to the Local Self Government Department may not really be called for even otherwise at this stage. He also refers to Exhibit P10 judgment of this Court. Another IInd Grade Draftsman in the Public Works Department, who had objected to the deployment was directed to approach the Government with her grievance. It is submitted that pursuant to Exhibit P10 judgment, the petitioner in Exhibit P10, stated to be junior to the petitioner herein has been retained in the Public Works Department. 3. I heard learned counsel for the petitioner and learned Government Pleader. W.P ( C) No. 8844 of 2008 3 4. Petitioner challenges Exhibit P9 order. Learned counsel for the petitioner submits that deployment is not on consent or on option being exercised. Seniority among non- optees must be looked into. Juniors cannot be retained at the expense of the senior, it is contended ,as among the non-optees. It is further submitted that deployment may not be really required at all apparently on account of the creation of an Engineering Wing in the L.S.G.D. 5. In my view, these are matters to be appropriately looked into by the Government . In the result, the writ petition is disposed of directing the petitioner to file a representation pointing out these aspects before the 1st respondent, within a period of two weeks from today. If it is so filed, it shall be looked into and appropriate action be taken thereon by the 1st respondent , after hearing the petitioner, within a period of four weeks thereafter. Deployment, if any, of the petitioner in the meanwhile shall be subject to the decision to be taken by the Government in the manner aforementioned. (V.GIRI, JUDGE) ma W.P ( C) No. 8844 of 2008 4 K.THANKAPPAN,J CRL.A. NO.92 OF 1999 W.P ( C) No. 8844 of 2008 5 ORDER 25th May, 2007 Common issues are raised for consideration in all these writ petitions. Reference is made to the facts in Writ Petition No.4562/2008 for the sake of convenience.