M. RADHAKRISHNAN NAIR Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) This Writ Appeal has been filed by the appellant, who was the writ petitioner in W.P(C).No.28771/2004, challenging judgment dated 21.11.2011 by which judgment, the Writ Petition was dismissed by the learned Single Judge.

(2.) Brief facts of the case giving rise to the appeal are:

(3.) Learned counsel for the appellant, in support of the appeal, has submitted that under Rule 8 Part II of the Kerala State and Subordinate Services Rules (KS & SSR), 1958, the petitioner had a right to be reverted to his parent department, but the State Government erroneously rejected his claim. He submitted that a Full Bench of this Court in Balakrishnan Nair v. Ram Mohan Nair,1998 1 KerLT 766had laid down that the benefit of Rule 8 Part II KS & SSR is available to the member of a service getting appointment in another service on the basis of applications invited by the Government. It is submitted that at the time when the petitioner had submitted representation in the year 1998, he was not confirmed in the Rural Development Department and his claim was rejected only on 3.9.2004. Hence, there was no impediment in reverting him to his parent department, i.e., Law Department. It is submitted that the judgment in the above Full Bench case has also been confirmed by the Apex Court by its decision Ali M.K v. State of Kerala, 2003 11 SCC 632. It is submitted that the Government has accepted the case of similarly situated officials, who were granted benefit of reversion to the parent department. Reference has been made to the order dated 23.3.2010 issued by the Government in the case of P.N.Ramesh Raju.