A petitioner was returned to parent department after deputation but posted in Kottayam instead of requested Thiruvananthapuram. Court disposed writ petition by ordering posting in Thiruvananthapuram due to available vacancies.
Petitioner to be posted in Thiruvananthapuram District within ten days.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 4TH FEBRUARY 2010 / 15TH MAGHA 1931
WP(C).No. 1919 of 2010(L) -------------------------
PETITIONER(S): ---------------
V.S.SHOOBI, U.D.CLERK, UDUMA GRAMA PANCHAYATH, KASARAKOD DIST. (NOW ALLOTTED TO KOTTAYAM DIST.), RESIDING AT 'KRISHNALAYAM', THOKKAD P.O., VADASSERI KONAM, TRIVANDRUM-695 143.
BY ADVS. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.BRIJESH MOHAN SMT.DHANYA CHANDRAN SRI.A.HAROON RASHEED
RESPONDENT(S):
BY GOVERNMENT PLEADER SMT. ANU SIVARAMAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
C.T. RAVIKUMAR, J.
W.P.(C) NO. 1919 OF 2010
Dated this the 4th day of February, 2010
JUDGMENT
The petitioner, while working as Upper Division Clerk in Uduma Grama Panchayat, was deputed to C-DIT (Centre for Development of Imaging Technology) in the year 2007. On completion of the deputation period, he was repatriated to the parent department. Clause 25 of Ext.P1 Government Order provides the guidelines in the matter of posting of persons who returns from deputation/foreign employment. The petitioner claims the benefits of the said clause. According to him, Exts.P3 and P8 were passed totally disregarding the said aspect and, as such, they are liable to be interfered with.
W.P.(C)NO. 1919/2010
2
averred that two vacancies are available in the office of the first respondent itself and despite the existence of vacancies, he is not given a posting to which he is entitled, as per Ext.P1.
The Writ Petition is disposed of as above.
(C.T. RAVIKUMAR, JUDGE)
sp/
W.P.(C)NO. 1919/2010
3
C.T. RAVIKUMAR, J.
W.P.(C) NO. 1919/2010
JUDGMENT
4th February, 2010
2 issues framed by the court
Whether a gazetted employee returning from deputation is entitled to a posting in Thiruvananthapuram District despite having been posted elsewhere.
Whether the existence of vacancies in Thiruvananthapuram District justifies granting the petitioner's request for posting.
V.S. ShooBI
The Director of Panchayath, Trivandrum
The Joint Director of Panchayath (Administration), Thiruvananthapuram
C.T. Ravikumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
