IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 14TH DECEMBER 2009 / 23RD AGRAHAYANA 1931 WP(C).No. 21891 of 2009(F) ----------------------------------------- PETITIONER(S): ------------------------ 1. LENI VARGHESE, JR.HEALTH INSPECTOR GRADE II, MUNICIPAL OFFICE, KOTTAYAM, RESIDING AT CHARIPURATH GILGAL BHAVAN, CHENGAMANAD P.O., KOTTARAKKARA-691 557. 2. SHANMUGHAN.V., JR.HEALTH INSPECTOR GRADE II, CORPORATION OF COCHIN, RESIDING AT THAYYIL HOUSE, VERUVALLY BHAGOM, KAYAMKULAM P.O., ALAPPUZHA DISTRICT,PIN-690 502. 3. SUJAYAN K., JR.HEALTH INSPECTOR GRADE II, MUNICIPAL OFFICE, MATTANNUR, KANNUR DISTRICT, RESIDING AT KIZHAKKAYIL HOUSE, THUVAKKUNNU P.O., PIN-670 693. 4. A.A.ANAZE, JR.HEALTH INSPECTOR GRADE II, MUNICIPAL OFFICE, PUNALUR, RESIDING AT AZIZIA MANZIL, KARUKONE P.O., ANCHAL, KOLLAM DISTRICT, PIN-690 324. BY ADV. MR.K.ABDUL JAWAD RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF LOCAL SELF GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF URBAN AFFAIRS, DIRECTORATE OF URBAN AFFAIRS, THIRUVANANTHAPURAM. R1 & R2 BY GOVERNMENT PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/12/2009 ALONG WITH WPC.NO.30934 OF 2009, WPC. NO.32324 OF 2009 AND WPC.NO.33393 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.21891/2009 F APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE G.O. DTD. 13/10/2005 IN G.O.(RT) NO.3\4137/05 LOCAL SELF GOVT. P2: COPY OF THE CIRCULAR DTD. 7/11/05 NO.B4/8175/2004 BY THE 2ND RESPONDENT. P3: COPY OF THE LIST OF PROMOTION TO THE POST OF FOOD INSPECTOR AS SL.NO.12,14,16 AND 17 RESPECTIVELY. P4: COPY OF THE ORDER IN GO.(RT) NO.1728/07/LSGD DTD. 21/06/2007. P5: COPY OF THE G.O.(RT) NO.2718/06/LSGD DTD. 31/10/2006. P6(A): COPY OF THE REPRESENTATION DTD. 29/06/09 BYTHE 1ST PETITIONER TO THE RESPONDENTS. P6(B): COPY OF THE REPRESENTATION DTD. 3/01/09 BY THE 2ND PETITIONER TO THE RESPONDENTS. P6(C): COPY OF THE REPRESENTATION DTD. 8/07/09 BY THE 3RD PETITIONER TO THE RESPONDENTS. P6(D): COPY OF THE REPRESENTATION DTD. 29/06/09 BY THE 4TH PETITIONER TO THE RESPONDENTS. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss ANTONY DOMINIC, J. ------------------------- W.P.(C.) Nos.21891 (F), 30934 (J), 32324 (I) & 33393 (T) of 2009 --------------------------------- Dated, this the 14th day of December, 2009 J U D G M E N T Issues raised are connected and hence these writ petitions are heard and disposed of by this common judgment. 2. For convenience, I shall refer to the facts pleaded and documents mentioned in WP(C) No.32324/2009. 3. In so far as WP(C) Nos.32324 & 33393/2009 are concerned, the petitioners therein, who are Food Inspectors of the Health Service Department, are on deputation to Municipal Common Service. Ext.P8 is an order passed by the 1st respondent whereby the deputation period was extended and was limited up to 31/10/2009. When the period of the deputation was to expire on 31/10/2009, the Special Officer (Food Safety) appointed under the Food Safety and Standards Act, 2006, issued Ext.P9 letter dated 25/09/2009 to the Government of Kerala, requesting that in view of implementation of the aforesaid Act, the Government may, for the time being, maintain status quo in respect of the Food Inspectors, who have been deputed to various institutions under the Local Self WP(C) Nos.21891, 30934, 32324 & 33393 of 2009 -2- Government Department, for the smooth transition from Prevention of Food Adulteration Act to the Food Safety and Standards Act, 2006. 4. The petitioners state that on 31/10/2009, a meeting was held at Government level to discuss the recommendation made in Ext.P9 referred to above, and that it was resolved to maintain status quo as suggested in Ext.P9. However, according to them, no orders were issued based on the minutes of the aforesaid meeting and in the meanwhile, steps were taken to repatriate the petitioners to the Health Services Department, and at that stage, these writ petitions were filed. While so, on 10/11/2009, Ext.P21 order was passed by the 1st respondent referring to Exts.P8 & P9 referred to above and repatriating the petitioners to their parent department. 5. When the writ petitions came up for orders on 12/11/2009, taking into account the submission that a meeting was held on 31/10/2009, and that a resolution to maintain status quo was passed, this Court passed an order directing that pending decision by the Government on the recommendation made as above, the petitioners should be permitted to continue in the Municipal Common Service. This order was extended subsequently WP(C) Nos.21891, 30934, 32324 & 33393 of 2009 -3- by order dated 01/12/2009 also. 6. In pursuance to the order dated 12/11/2009 and 01/12/2009, the learned Government Pleader has obtained instructions in the matter and submits that Ext.P21 was issued after making reference to Ext.P8 order limiting the deputation of the petitioners till 31/10/2009 and Ext.P9 recommendation made by the Special Officer to the Government of Kerala to maintain status quo. It is stated that although, the minutes of the meeting held on 31/10/2009 was not available before the Government, considering recommendation made in Ext.P9, the Government have consciously decided to terminate the deputation and not to continue the same any further. The learned Government Pleader further submits that this decision was taken mainly for the reason that there are internal candidates in the Municipal Common Service, who are eligible to be promoted as Food Inspectors. Therefore, according to the learned Government Pleader, now that the deputation period of the petitioners' is over, they are liable to be repatriated to their parent department. 7. Admittedly, the petitioners belong to Health Services Department and are on deputation to Municipal Common Service. WP(C) Nos.21891, 30934, 32324 & 33393 of 2009 -4- Deputation is not a matter of right and it is always open to the borrowing authority or the Government to repatriate the deputationists back to their parent department. This is all the more so for the reason that the period of deputation has already expired. In such a situation and as the Government have taken a conscious decision to terminate the deputation, I see absolutely nothing illegal in Ext.P21 order passed by the 1st respondent to repatriate the Food Inspectors on deputation in the Municipal Common Services to the Health Services Department. 8. Therefore, these writ petitions are liable to be dismissed, and I do so. 9. In so far as WP(C) No.30934/2009 is concerned, the petitioners therein, who are working as Food Inspectors in the Health Services Department, apprehend reversion as Health Inspector Grade II, once the petitioners in WP(C) Nos.32324 & 33393 of 2009 are repatriated to their parent department. Now that I have upheld the competence of the Government to repatriate the petitioners in the aforesaid two writ petitions to the Health Services Department, if reversion of the petitioners is a consequence thereof, that is only natural and there cannot be anything illegal about it. WP(C) Nos.21891, 30934, 32324 & 33393 of 2009 -5- 10. Therefore, this writ petition is also liable to be dismissed and I do so. 11. In so far as WP(C) No.21891/2009 is concerned, the petitioners, who are working as Junior Health Inspector Grade II in the Municipal Common Service, aspire promotion as Food Inspectors under Rule 9(a)(1). According to the petitioners, 11 persons from Ext.P3 seniority list have already been appointed by Ext.P4 order and they are next one to be promoted. 12. As already stated above, this Court has upheld the order reverting the Food Inspectors on deputation in the Municipal Common Service to their parent department, and on their repatriation, it is up to the appointing authority to decide, if they want to make provisional promotions as claimed by the petitioners. Therefore, leaving it open to the appointing authority to pass such orders as they deem fit dealing with the claims of the petitioners, this writ petition is disposed of. These writ petitions are disposed of as above. (ANTONY DOMINIC, JUDGE) jg