C.KUNHIKRISHNAN Vs. PRINCIPAL SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) THE appellant is aggrieved by the judgment of the learned Single Judge, which upheld the refusal of the 2nd respondent to permit him to be reappointed in the Judicial Department, to a post on which he claims lien.

(2.) THE appellant was appointed in the Civil Judicial Department and while working as Upper Division Clerk, sought inter-departmental transfer to Labour Department and from there, again sought transfer to the Social Welfare Department. From the Social Welfare Department, the appellant was deployed to Local Self Government Department, wherein he was working at the time of filing of the writ petition. The appellant sought for reappointment in the Civil Judicial Department in the post on which, according to him, he retains a lien. The 2nd respondent, however, by Exhibit P2 refused the prayer based on G.O.(MS).No.4/61/PD dated 2.1.1961. The contention of the appellant was that he having not been made permanent in the aforementioned Departments, he will retain a lien in the Civil Judicial Department and, therefore, he is entitled to be reappointed in the post.

(3.) THE appellant contended that he was deployed from the Social Welfare Department to the Local Self Government Department only by reason of there being no vacancy in the Social Welfare Department. The learned Single Judge rightly noticed that his original request was to be transferred to the Labour Department, from which he again sought for transfer to Social Welfare Department. The condition of reappointment to the post in the Civil Judicial Department would arise only in the circumstance of there being no vacancy to accommodate him in the Labour Department. We also notice that in the Writ Appeal it has been categorically stated by the appellant that he is now functioning as Head Accountant, Directorate of Social Welfare, Vikas Bhavan, Thiruvananthapuram. Hence, even the contention that there is no post in the Social Welfare Department no more survives.