IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 17TH SEPTEMBER 2009 / 26TH BHADRA 1931 WP(C).No. 26217 of 2009(V) -------------------------- PETITIONER: ------------------ PADMAKUMAR.S.S., ASSISTANT EXECUTIVE ENGINEER, OFFICE OF THE EXECUTIVE ENGINEER, L.S.G.D.DIVISION, DISTRICT PANCHAYAT, PALAKKAD. BY ADV. MR. ELVIN PETER P.J. SMT. POOJA SURENDRAN RESPONDENTS: --------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, WATER RESOURCES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE CHIEF ENGINEER, OFFICE OF THE CHIEF ENGINEER, LOCAL SELF GOVERNMENT DEPARTMENT, 3RD FLOOR, REVENUE COMPLEX, PUBLIC OFFICE COMPOUND, THIRUVANANTHAPURAM-33. 4. THE EXECUTIVE ENGINEER, L.S.G.D. DIVISION, DISTRICT PANCHAYAT, PALAKKAD. BY GOVERNMENT PLEADER MRS. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: kkms/ V.GIRI, J. = = = = = = = = = = = = = = == = = = = = = W.P.(C). No. 26217 OF 2009 = = = = = = = = = = = = = == = = = = = = = Dated this the 17th day of September 2009. JUDGMENT Petitioner entered service as Assistant Engineer in the Irrigation Department, later designated as Water Resources Department. While so, by Ext.P2 order, he was promoted as an Assistant Executive Engineer by a Government Order G.O.(MS). 54/2008/WRD dated 28.11.2008. He was deployed as Assistant Executive Engineer to the Local Self Government Department in the wake of the creation of the Local Self Government Engineering Cadre. Petitioner accepted the same. As evidenced by Ext.P3, he was absorbed in the Local Self Government Department as an Assistant Executive Engineer and he continues there. 2. It seems that thereafter by Ext.P4, the Government noted that the petitioner had been promoted as an Assistant Executive Engineer in the Water Resources Department on 09.06.2008 though the Local Self Government Engineering Cadre came into effect on 01.01.2008 and therefore the petitioner could not have been absorbed in the Local Self W.P.(C). No. 26217 OF 2009 2 Government Engineering Cadre, which came into being with effect from 01.01.2008. Petitioner was therefore directed to be repatriated back to his parent Department namely, the Water Resources Department. 3. Petitioner accepted Ext.P4 and and then moved his parent Department as per Ext.P5 requesting suitable posting in the Irrigation Department. That has not been acted upon so far. In the meanwhile, acting on the basis of Ext.P4, the Chief Engineer in the Local Self Government Department has requested the Government to relieve the petitioner from the Local Self Government Department. The Executive Engineer of the L.S.G.D. Division, District Panchayat, Palakkad has been directed to relieve the petitioner immediately. Petitioner vide Ext.P7 requested the Executive Engineer to await a posting order in the Irrigation Department before he is relieved from the Local Self Government Department. That has not been acted upon and hence the writ petition. 4. I heard learned Government Pleader also. 5. It is not the fault of the petitioner that he was deployed W.P.(C). No. 26217 OF 2009 3 to the Local Self Government Department as an Assistant Executive Engineer. By Ext.P2, he had already been promoted as an Assistant Executive Engineer. Petitioner is justified in requesting that he should be retained in the Local Self Government Department until he is given a posting in the Water Resources Department. Ext.P5 shall therefore be looked into by the second respondent and appropriate orders passed in the light of the observations made herein within two months from the date of receipt of a copy of this judgment. Petitioner shall not be relieved from the Local Self Government Department until orders are passed on Ext.P5. Writ petition is disposed of as above. (V.GIRI) JUDGE kkms/