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2009 Supreme(Ker) 278

M.L.JOSEPH FRANCIS, K.BALAKRISHNAN NAIR
Maju Balakrishnan – Appellant
Versus
State Of Kerala – Respondent


Advocates Appeared:For the Petitioner:O.V. Radhakrishnan (Sr.), K. Radhamani Amma, Antony Mukkath, K.V. Joy Advocates. For the Respondents:R1 & R4, P. Nandakumar, R5 & R6, Denizen Komath, Sherry J. Thomas, R7, G. Sreekumar, Advocates.

Judgment :-

Balakrishnan Nair, J.

These Writ Petitions are filed by the Engineering staff of the Public Works Department (P.W.D.) and Water Resources Department (Irrigation Department), challenging their absorption in the newly formed Engineering Wing of the Local Self Government Department (L.S.G.D.). In some cases, the newly promulgated Special Rules for Local Self Government Engineering Service, 2007 are also under challenge. The persons to be absorbed in the newly formed service are to be identified with reference to the cut off date 1.1.2008, which is the date on which the above mentioned Special Rules came into force. In some of the Writ Petitions, the fixation of that cut off date is also under challenge. In most of the other Writ Petitions, mainly, individual grievances regarding absorption are highlighted. In some cases, it is pointed out that juniors are being retained and seniors are deployed. In certain other cases, it is contended that even seniors, who have opted for deployment, are spared and juniors, who did not opt, are being compulsorily sent to the new Department.

2. This Writ Petition is treated as the main Writ Petition challenging the Special Rules, for the pur




























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