JUDGMENT :

A rather interesting question is posed, if an employee can choose and be allowed to move back and forth between two services, under the purlieus of Rule 8 of Part II of the Kerala State and Subordinate Services Rules (‘KS & SSR’, for short).

2. The petitioner was originally working in the services of the 1st respondent – Kerala Water Authority and then sought to be appointed in the Motor Vehicles Department subsequently, which had been acceded to.

3. However, while working in the Motor Vehicles Department, he says that he came to be aware of the judgment of a Full Bench of this Court in Jayakumar S. and Others v. State of Kerala and Others [2021 (5) KHC 157], whereby, it had been declared that persons like him would lose the benefits of their earlier service; and therefore, requested that he be repatriated to his parent department, which was also acceded to, under the aforementioned provisions of Rule 8 of Part II of the KS & SSR.

4. The petitioner says that, however, the Hon’ble Supreme Court has now taken a view contrary to that in Jayakumar (supra); and therefore, that he preferred Ext.P6 representation before the Kerala Water Authority (KWA), to allow him to move back to