IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 17TH AUGUST 2010 / 26TH SRAVANA 1932 WP(C).No. 25781 of 2010(W) -------------------------- PETITIONER(S): --------------------- PRABHAKARAN.P.C,U.D.CLERK,HIGHER SECONDARY EDUCATION,REGIONAL OFFICE, KOZHIKODE,RESIDING AT ELOTHIL HOUSE,AYIKARAPADI, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR SRI.K.RAKESH RESPONDENT(S): ---------------------- 1. THE STATE OF KERALA,REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,DEPARTMENT OF GENERAL EDUCATION,TRIVANDRUM. 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION,HOUSING BOARD BUILDING,SANTHI NAGAR, TRIVANDRUM. 3. THE DIRECTOR OF VOCATIONAL HIGHER SECONDARY EDUCATION,TRIVANDRUM. 4. THE REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY EDUCATION,REGIONAL OFFICE, KOZHIKODE. GOVT.PLEADER SRI.ARAVINDKUMAR BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 25781 OF 2010 (W) ===================== Dated this the 17th day of August, 2010 J U D G M E N T Petitioner is an Upper Division Clerk in the Vocational Higher Secondary Department. He was posted on deputation to the Higher Secondary Education Department and was working as an UDC in the office of the Regional Deputy Director, Higher Secondary Education, Kozhikode. Five year period of deputation has expired, and by Ext.P5, the petitioner has been relieved from the office of the Regional Deputy Director, Kozhikode with direction to report his parent department. 2. Petitioner submits that while continuing on deputation, he submitted Ext.P3 representation to the 1st respondent requesting that he be absorbed in the Higher Secondary Education Department. It is stated that, the acute shortage of manpower in the Higher Secondary Education Department has been stated by the Regional Deputy Director, Kozhikode himself in Ext.P1 and that the said officer has forwarded his representation to the 2nd respondent under cover of Ext.P4 for onward transmission to the 1st respondent. WPC No. 25781/10 :2 : 3. Petitioner requests that Ext.P3 representation which is now pending before the 2nd respondent may be directed to be forwarded to the 1st respondent for consideration. 4. Learned Government Pleader submitted that in the absence of any provision for absorption in the Special Rules governing the Higher Education Department, the request of the petitioner cannot be considered. 5. Irrespective of the said objection, without expressing anything on the merits, now that the 4th respondent has under cover of Ext.P4 forwarded the petitioner's representation to the 2nd respondent, I direct the 2nd respondent to consider Exts.P3 and P4, and if the Rules permit, forward the request of the petitioner to the 1st respondent for final consideration. Decision in this regard should be taken by the 2nd respondent, at any rate within 8 weeks of production of a copy of this judgment along with a copy of this writ petition. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp