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A.G.JOSE v. THE STATE OF KERALA - WP(C) No. 27781 of 2006(G)  RD-KL 1499 (1 November 2006)
IN THE HIGH COURT OF KERALA AT ERNAKULAMWP(C) No. 27781 of 2006(G)
1. A.G.JOSE, ASSISTANT ENGINEER,
1. THE STATE OF KERALA,
2. THE STATE OF KERALA,
3. THE CHIEF ENGINEER,
For Petitioner :SRI.ELVIN PETER P.J.
For Respondent : No Appearance
The Hon'ble MR. Justice K.K.DENESAN
O R D E R
K.K. DENESAN, J.= = = = = = = = = = = = = = = W.P.(C) No. 27781 OF 2006 G = = = = = = = = = = = = = = =
Dated this the 1st November, 2006
J U D G M E N T
The petitioner is an Asst. Engineer in the Public Works Department. He has been deployed to the Local Self Government Department along with other Assistant Engineers.
2. According to the respondents, the petitioner is included in the list of Asst. Engineers for deployment taking into account his inter se juniority among Asst. Engineers. The petitioner contends that he is not that junior to be deployed to the Local Self Government Department. The Government passed Ext. P8 order disposing of the representation filed by the petitioner against Ext. P6 holding that the juniority was determined as on the cut off date fixed by the Chief Engineer.
3. Ext. P5 circular issued by the Chief Engineer, P.W.D. shows that the circular dated 19-1-2006 was issued specifying that the last date for acceptance of options for deployment to the Local Self Government WPC No. 27781/2006 -2- Department and the cut off date for identifying the juniormost for the second tenure, will be 15-2-2006. If the above circular is the guideline to determine as to who are the juniors liable to be deployed, those Assistant Engineers who commenced service after 15-2- 2006, though admittedly juniors, will not be liable to be deployed to the Local Self Government Department. On noticing the above glaring inequity the Chief Engineer felt that the cut off date fixed as per circular dated 19-1-2006 need not be followed as the criterion for deployment. Accordingly, Ext. P5 circular dated 1-7-2006 was issued by the Chief Engineer. Ext. P6 order was passed on 5-7-2006. The basis for preparing the list of juniormost Asst. Engineers appended to Ext. P6 was the juniority determined based on the cut off date fixed earlier, viz., 15-2-2006. Ext. P5 circular issued on 1-7-2006 was not taken notice of while issuing Ext. P6 order dated 5-7-2006. Hence, prima facie, it appears that the petitioner is well founded in his submission that if the list of juniormost persons for deployment was prepared eschewing from consideration the cut off date WPC No. 27781/2006 -3- fixed as 15-2-2006 which has subsequently been done away with by the Chief Engineer by issuing Ext. P5 circular, the petitioner would not have been included among those directed to be deployed to the Local Self Government Department. I am, therefore, of the view that Ext. P8 order is liable to be re-considered by the Government. Ext. P8 is therefore set aside. The 1st respondent is directed to prepare or cause the preparation of the list of Asst. Engineers without taking into account the cut off date of 15-2-2006 for determining the juniormost persons who are liable to be deployed from P.W.D. to the Local Self Government Department. Based on the list thus prepared if the petitioner is not liable to be included in the list of deployed hands, appropriate orders shall be passed in that behalf. This shall be done, as expeditiously as possible, in any event, within three weeks on the petitioner producing a copy of the judgment along with a copy of the writ petition. K.K. DENESAN
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