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 purpose of referring to the exhibits. The petitioners in this case are Assistant Executive Engineers. They are being absorbed in the Kerala Local Self Government Engineering Service, treating them as surplus staff in the Irrigation Department, as per Exts.P9, P13, P17, P19 and P20 orders/communications. They also challenge clauses (iv) and (v) of Rule 2(2) of Ext.P11 Special Rules for the Kerala Local Self Government Engineering Service, 2007. According to them, those provisions are ultra vires and unconstitutional.

3. The official respondents have filed a counter affidavit, stating that in view of the 73rd and 74th amendments to the Constitution of India, the functioning of the Local Self Government institutions has undergone a sea change. Most of the developmental projects hitherto undertaken by the Public Works and Irrigation Departments were transferred to the L.S.G.D. Initially, Engineering staff from the Public Works and Irrigation Departments were being deployed for a period of three years to the L.S.G.D and they were being repatriated after the said deputation period. Now, it is thought that for extending technical support to the new Department for the various projects, schemes and functions transferred to it, an Engineering Wing should be established in the

L.S.G.D. It was also decided to reduce the cadre strength of Engineering staff in the parent Departments of Public Works and Irrigation and also to create required number of posts in the L.S.G.D. The incumbents occupying the abolished posts were to be transferred to the L.S.G.D., subject to certain norms framed by the Government. To give statutory backing to the absorption of the surplus Engineering staff from the two Departments, in the L.S.G.D., the impugned Special Rules were framed. All the actions taken by the Government are in accordance with law and the orders impugned in this Writ Petition and other connected Writ Petitions are legal and valid, it is submitted. So, the State prayed for dismissal of the Writ Petitions.

4. The learned senior counsel Mr.O.V. Radhakrishnan raised the following contentions: He submitted that the transfer of technical staff from the Water Resources Department has been effected not with reference to the cadre strength ascertained on the date of the relevant orders, but based on the cadre strength as on 1.1.2008, which is an artificial date, which has no relevance for the deployment or transfer. The cadre strength, which is relevant, is the one prevailing on the actual date of absorption. The Rules provide for transfer of those incumbents, who did not opt, based on their juniority. But, the juniority should have also been taken with reference to the date of transfer to the new Department for absorption and not with reference to the cut off date 1.1.2008. The