IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 25TH AUGUST 2008 / 3RD BHADRA 1930 WP(C).No. 23485 of 2008(U) -------------------------- PETITIONERS: ---------------- 1. T.V.RAMESH KUMAR, ASSISTANT ENGINEER, L.S.G.D.SECTION, CHERPU, THRISSUR. 2. SINA.P.RAVEENDRAN, ASSISTANT ENGINEER, L.S.G.D.SECTION, MATHILAKAM GRAMA PANCHAYAT, THRISSUR DISTRICT. BY ADV. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SRI.M.R.JAYAPRASAD SRI.P.MOHANDAS (ERNAKULAM) RESPONDENTS: ----------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, WATER RESOURCES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE CHIEF ENGINEER, IRRIGATION AND ADMINISTRATION, THIRUVANANTHAPURAM. 4. THE CHIEF ENGINEER, LOCAL SELF GOVERNMENT DEPARTMENT, THIRUVANANTHAPURAM. BY SENIOR GOVT:PLEADER SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: bps P.N.Ravindran, J. ===================== W.P(C).No.23485 of 2008 ===================== Dated this the 25th day of August, 2008. JUDGMENT The petitioners are Assistant Engineers appointed in the Water Resources Department who were later deployed to the Local Self Government Department pursuant to and in terms of Ext.P1 government order dated 4.7.2000. The grievance voiced by the petitioners is that on the terms of Ext.P1 they are liable to be deployed only for a period of three years and that on expiry of the said period they are entitled to be repatriated to the parent department, namely, the Water Resources Department. The petitioners rely on Clause xiii of Ext.P1 government order, which reads as follows: "xii. The tenure of the deployed officers would be three years except when they get promoted in their parent cadre before the end of this period." The petitioners submit that though they have submitted Exts.P4, P5 and P6 representations to the Chief Engineer, Irrigation and Administration, Water Resources Department seeking repatriation to the parent department in terms of Ext.P1 government order and Exts.P8 to P10 representations before the Government, no orders have been passed regarding their repatriation to the parent department. The petitioners WP(C) 23485/08 -: 2 :- have along with I.A.No.11044 of 2008 produced Exts.P8 to P10 representations; Ext.P8 was submitted by the first petitioner before the Additional Chief Secretary, Water Resources Department and Ext.P9 was submitted before the Principal Secretary, Local Self Government Department. Exts.P10 and P11 representations were submitted by the second petitioner before the Additional Chief Secretary, Water Resources Department and the Principal Secretary, Local Self Government Department respectively. 2. When this Writ Petition came up for admission today, Sri.K.P.Satheesan, the learned counsel appearing for the petitioners submitted that this Writ Petition may be disposed of with a direction to the respondents to consider the request made by the petitioners for repatriation in the light of the provisions contained in Ext.P1 government order, within a time limit fixed by this Court. Clause xiii of Ext.P1 government order states that the tenure of deployed persons would be three years except when they get promoted in their parent cadre before the end of this period. The petitioners state that they have not been promoted from the post of Assistant Engineer and therefore they are entitled to be repatriated to the parent department. Clause xiv of Ext.P1 states that the deployed staff would be relieved by the local government only after the substitute joins. Therefore, the petitioners cannot seek immediate repatriation on the expiry of the tenure of three years. But their request for repatriation cannot be indefinitely kept WP(C) 23485/08 -: 3 :- pending. In these circumstances, the respondents are directed to consider and pass orders on Exts.P4, P5, P6, P8, P9, P10 and P11 at the earliest and in any case within two months from the date of receipt of a copy of this judgment. The Writ Petition is disposed of as above. P.N.Ravindran, Judge. ess 26/8