V SRIDHARAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner was a Laboratory Attendant in the University Intermediate College (now called Arts College). Trivandrum in the Collegiate Education Department. He was deputed to the City Improvement Trust as per Government Order dated 24-10-61. The period of deputation was two years from the date of the Order or from the date of his relief from the College. He was relieved of his duties with effect from 30-10-61, by the Department of Collegiate Education. His deputation period was extended for a further period of one year from 1-11-63 and for a further period of two years with effect from 1-11-64. The extended period expired on 31-10-66. In the last order extending the period of deputation, it was made clear that no further extension would be allowed.

(2.) During the deputation period he was promoted as Upper Division Clerk in the City Improvement Trust. The petitioner made a representation on 3-9-66, requesting, the State Government to allow him to continue in the City Improvement Trust, terminating his lien in the Collegiate Education Department. No order was passed by the Directorate of Collegiate Education or by the Government on this representation.

(3.) The petitioner continued in the City Improvement Trust on deputation. Meanwhile the City Improvement Trust was merged with the Kerala State Housing Board, respondent No. 3 herein. While so, on 29-3-72, orders were passed terminating the lien of the petitioner in the Department of Collegiate Education in purported exercise of the powers contained in Rule 24 of the Kerala Service Rules. A show cause notice was issued by the Director of Collegiate Education on 21-3-1973, asking the petitioner to submit his explanation against the proposed removal of his lien in that department. The petitioner submitted a representation dated 26-3-1973, stating that he was not at fault in not joining duty in the parent department and that he was retained in foreign service anticipating Government's orders. In view of the merger of the City Improvement Trust with the Kerala Housing Board he was not interested in continuing on deputation. He further requested that the period after 1-1-1966, may be treated as an extension of the deputation period. The explanation was not accepted and orders were finally passed terminating the lien of the petitioner. Hence this writ petition.