PRATHAPAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is presently working in the Merchant Navy under the Ministry of Surface Transport. He joined the central service while working as U.D. Clerk in Government Analytical Laboratory, Kakkanad. He was relieved from service to take up employment in the Merchant Navy by Ext. P2 order dated 16.1.1996. Later, the petitioner applied for permission to rejoin duty by Ext. P3 representation dated 6.1.1998. The District Medical Officer by Ext. P4 communication forwarded the representation to the Director of Health Services for appropriate action on 1.6.2000. Later, the Director by Ext. P6 order dated 12.7.2000 rejected the petitioner's claim on the ground that he should have applied within two years from the date of relief for reappointment. Ext. P5 Government Order governs the right of the Government servants for reappointment in the parent department. The two-year period mentioned in Ext. P6 order will apply to only non permanent hands as evident from Ext. P5 Government Order dated 18.2.1981. The petitioner is a permanent hand and therefore, he could week reversion until he is confirmed in the new post or within five years whichever is earlier. In view of the above position, the original petition is allowed. Ext. P6 is quashed. The second respondent shall pass orders permitting the petitioner to rejoin duty as U.D. Clerk within three months from the date of receipt of a copy of this judgment provided he has not been confirmed in the present department.