IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 11TH FEBRUARY 2009 / 22ND MAGHA 1930 WP(C).No. 4432 of 2009(C) ------------------------- PETITIONER(S): --------------- 1. M.A.MATHEW, ASSISTANT ENGINEER, L.S.G.D.SECTION, ALAKODE GRAMA PANCHAYAT, KANNUR DISTRICT. 2. MADHUSOODANAN.C.M, ASSISTANT ENGINEER, L.S.G.D.SECTION, PATTUVAM-PARIYARAM GRAMA PANCHAYAT, KANNUR DISTRICT. BY ADV. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SRI.M.R.JAYAPRASAD SRI.P.MOHANDAS (ERNAKULAM) RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, WATER RESOURCES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER, LOCAL SELF GOVERNMENT DEPARTMENT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER, SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.4432/2009-C ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 11th day of February, 2009 J U D G M E N T The petitioners are presently working as Assistant Engineers in L.S.G.D Section, Alakode Grama Panchayat and Pattuvam – Pariyaram Grama Panchayat respectively in Kannur District. They were originally appointed as Assistant Engineers in the Water Resources Department. Pursuant to government order dated 04/07/2000, Government deployed Engineering Staff to Local Self Government Institutions from Public Works and Irrigation Departments. Thus, the petitioners were deployed. It is pointed out that the Local Self Government Engineering Service Rules came into force with effect from 01/01/2008. As per the Special Rules, the employees were given chance for exercising the option to continue either at L.S.G.D or return to their parent department. The petitioners exercised option to return to their parent department in December 2007 before the commencement of the Special Rules. It is pointed out that orders have been issued allowing them to join the Water Resources Department and they have been included in the seniority list of Assistant Engineers in the Water Resources Department. 2. Since they have not been relieved from the service of the W.P.(C) No.4432/2009 -:2:- Panchayat concerned, they have filed Exts.P3 and P4 respectively before the second respondent. 3. The learned Government Pleader submits that the petitioners can be relieved only if suitable substitutes are available. Many writ petitions are pending here, wherein various orders relating to the redeployment etc. are also challenged. Hence, there arose delay in the matter. Be that as it may, it is upto the second respondent to consider Exts.P3 and P4 in accordance with law and pass appropriate orders thereon. Therefore, the second respondent is directed to consider and pass orders on Exts.P3 and P4 within a period of one month from the date of receipt of the copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms