IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 15TH MARCH 2010 / 24TH PHALGUNA 1931 WP(C).No. 7953 of 2010(T) ----------------------------------- PETITIONER(S): ------------------------- D.JISHA RANI, LOWER DIVISION CLERK, MI DIVISION, KOLLAM. BY ADVS. MR.K.P.RAJEEVAN MR.N.SASIDHARAN UNNITHAN RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REP. BY ITS SECRETARY, WATER RESOURCES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DEPUTY SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 4. THE CHIEF ENGINEER(I&A), IRRIGATION DEPARTMENT, THIRUVANANTHAPURAM. 5. THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, ASRAMAM, KOLLAM. R1 TO R5 BY GOVT. PLEADER MR.ARAVIND KUMAR BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (C) No. 7953 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of March, 2010 J U D G M E N T The petitioner is a Lower Division Clerk presently working under the 5th respondent. In Ext.P1 seniority list of Lower Division Clerks, the petitioner hold Rank No. 15. In this Writ Petition, the petitioner challenges Ext.P2 and P4 orders to the extent they include the name of the petitioner for the purpose of deployment to the Local Self Government Department from the Water Resources Department. 2. Relying on Ext.P2 itself, the petitioner contends that paragraph 2 therein would reveal the unjustifiability in the action in ordering deployment of the petitioner to the Local Self Department. Paragraph 2 therein reads thus:- “The chief Engineer(I&A), Thiruvananthapuram as per the letter read above has furnished the list of the ministerial staffs who have completed 2 years in LSGD (79) willing to be continued in LSGD(15) the staffs willing to be deployed to the LSGD(21) and the Junior most Lower Division Clerks and Upper Division Clerks to be deployed to the LSGD(16 LDC and 44 UDC).” 3. The specific contention of the petitioner is that in Ext.P1 seniority list, she is holding Rank No.15 and there are more than 136 juniors included in Ext.P1 seniority list. Therefore, the petitioner cannot be considered as falling WPC.7953 of 2010 : 2 : under the category of juniors in the cadre of Lower Division Clerk. According to the petitioner her name must have been included in Exts. P2 and P4 on account of inadvertent errors and therefore soliciting consideration on the said aspects she has filed Ext.P5 representation before the 2nd respondent. It is still pending. 4. Ext.P2 would prima facie suggest that the deployment to the Local Self Government Department from the Water Resources Department would be based on juniority and willingness. In view of the specific contention of the petitioner, relying on the same, that he is sufficiently senior in the category of Lower Division Clerk and about 136 juniors are available in the category of Lower Division Clerks, I am of the view that Ext.P5 representation requires serious consideration by the second respondent. In the circumstances, the second respondent is directed to consider and pass orders on Ext.P5 representation within a period of three weeks from the date of receipt of a copy of this judgment. In case the petitioner has not so far been relieved, she shall not be relieved till such a decision has taken on Ext.P5 representation. This writ petition is accordingly disposed of. (C.T. RAVIKUMAR, JUDGE) jma