K RAVINDRAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners. 14 in number, were appointed in the Port Department of the Kerala State based on the advice made by the Kerala Public Service Commission. They are aggrieved that without giving them any opportunity to exercise an option, they were sent over to the Kerala State Maritime Development Corporation.

(2.) Sri V. N. Achutha Kurup, who argued for the petitioners, submitted that the procedure followed by the Government is irregular and that in any event, deputation to foreign service can be allowed only for a maximum period of five years which period is to expire by the end of the current month and that thereafter, the petitioners have a right to be reverted to the Port Department with all attendant rights and privileges encluding benefits of promotion.

(3.) Sri K. Chandrasekharan, who appeared for the 4th respondent-Kerala State Maritime Development Corporation submitted that the service of the petitioners, who are experienced. is essential for sustaining the activities of the Corporation and that the Original Petition itself is not maintainable, since it has been filed after more than three years from 19-7-1994 when the formation of the Maritime Development Corporation was made by the Government through Government Order. It is also stated that the creation of the said Corporation was the result of a policy decision, which cannot be subjected to the judicial review of this Court, unless it is shown that the decision is arbitrary or that the petitioners' fundamental rights under Art. 14 or 16(1) of the Constitution stands violated.