A BASHEER AHAMMED Vs. STATE OF KERALA

JUDGEMENT

(1.) WHILE the petitioner was working as a Senior Grade Assistant in the Finance Department of the Government Secretariat, he was appointed by transfer to the post of Block Development Officer (BDO) in the Rural Development Department. He joined duty as BDO on 13.10.1993. WHILE the petitioner was working as BDO, he was promoted as Selection Grade Assistant in his parent Department in the Secretariat. His probation in the post of BDO was declared with effect from October, 1995. WHILE working as BDO, the petitioner submitted a representation dated Nil-6.1996 to the 2nd respondent requesting to permit him to rejoin the Finance Department. The petitioner again represented on 23.5.1998, copy of which is Ext.P1. The petitioner was promoted to the post of Assistant Development Commissioner in the Rural Development Department by order dated 5.6.2004. Subsequently, by Ext.P3 order dated 8.7.2004, the petitioner, along with a number of others, was confirmed in the post of BDO with effect from the dates noted against their names, which is 1.5.1994 in respect of the petitioner. That order was revised by Ext.P4 dated 15.10.2005, in which, he was confirmed with effect from 1.9.1994. The petitioner's claim for repatriation to his parent department was not considered at all. The petitioner submits that by virtue of Rule 8 of Part I of Kerala State and Subordinate Service Rules, the petitioner is entitled to be repatriated to the Finance Department in Government Secretariat. According to the petitioner, the petitioner's case is squarely covered by Ext.P9 judgment of this Court in W.P.(C).No.18409/2004, rendered in identical fact circumstances. The petitioner seeks the following reliefs:

(2.) WHILE so, the PSC recruited the petitioner as Block Development Officer in the Rural Development Department in the quota for by transfer appointment. Accordingly, the petitioner was relieved from the Finance Department as per Ext.P1 order dated 13/10/1993. Thereupon the petitioner joined the Rural Development Department, and subsequently, was promoted as Assistant Development Commissioner with effect from 05/06/2004. It is also stated that in the meanwhile as per Ext.P2 dated 23/12/1998, the petitioner was promoted as Selection Grade Assistant in his parent department.

(3.) CONTENTION raised by the petitioner is that Ext.P11 order rejecting his request for repatriation to his parent department and his confirmation in the Rural Development Department evidenced by Exts.P13 & P14 are against the Full Bench judgment of this Court in Balakrishnan Nair v. Ram Mohan Nair (1998(1) KLT 766), which was confirmed by the Apex Court in the decision in Ali v. State of Kerala (2003(2) KLT 922). It is also stated that identical orders issued in respect of certain other employees like the petitioner have been set aside by this Court in Ext.P15 judgment dated 13/07/2007 in WP(C) No.23343/2004, which was confirmed in W.A.No.2785/2007 as per Ext.P16 judgment dated 07/04/2008. The learned counsel submits that against Ext.P16 judgment of the Division Bench, Special Leave Petition was filed before the Apex Court and the SLP was dismissed as per Ext.P17 order. It is stated that by Ext.P18 order dated 23/03/2010, Exts.P15 to P17 were implemented and benefits were extended to the parties to Exts.P15 to P17. It is contended that the petitioner is similarly situated in all respect and therefore, he is also entitled to similar benefits.