Kerala High Court
R. Santhosh Kumar vs The Travancore Devaswom Board on 13 December, 2021
Author: Sunil Thomas
Bench: Sunil Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
MONDAY, THE 13TH DAY OF DECEMBER 2021 / 22ND AGRAHAYANA, 1943
WP(C) NO. 28583 OF 2021
PETITIONER:
1 R. SANTHOSH KUMAR
AGED 55 YEARS
S/O. RAJAGOPALA KURUP, STRONG ROOM GUARD,
OFFICE OF THE DEVASWOM ASSISTANT ENGINEER,
MARAMATH, PAMBA, SABARIMALA, PATHANAMTHITTA
DISTRICT, RESIDING AT KALEEKKAL VEEDU,
ARYANKAVU P.O., PUNALUR, KOLLAM.
BY ADV B.MOHANLAL
RESPONDENTS:
1 THE TRAVANCORE DEVASWOM BOARD,
REPRESENTED BY ITS SECRETARY, NANTHANCODE,
THIRUVANANTHAPURAM-695011.
2 THE COMMISSIONER, TRAVANCORE DEVASWOM BOARD,
NANTHANCODE, THIRUVANANTHAPURAM-695011.
3 THE ASSISTANT ENGINEER,
SABARIMALA DEVELOPMENT PROJECT, TRAVANCORE DEVASWOM
BOARD, PAMBA, PATHANAMTHITTA-689662.
BY ADV. BIJU G, SC, TRAVANCORE DEVASWOM BOARD
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 13.12.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WPC NO.28583 OF 2021
2
JUDGMENT
Dated this the 13th day of December, 2021 The petitioner, who is at present working as Strong Room Guard, Office of the Devaswom Assistant Engineer, Sabarimala, entered into the service of Travancore Devaswom Board to the post of 'Kazhakam' in 04.07.1992 as per Ext.P1. Thereafter, he was appointed to the post of Peon. Subsequently, the respondent issued notification of amended Rules, and ordered 35% reservation to temple employees to the post of Devaswom Guard by promotion, through category change. Consequent to the above, circular was issued and the petitioner has applied to the post of Devaswom Guard. However, initial appointment of the petitioner was wrongly noted by the respondents from 28.06.2006 instead of 04.07.1992. The petitioner has submitted Ext.P9 representation WPC NO.28583 OF 2021 3 before the first respondent claiming that nine years of prior service from 04.07.1992 to 21.07.2002 be added to the twenty years of service as qualifying service for the purpose of pension as provided under Part I Chapter 3 Rule 33 of the KSR. Aggrieved by the delay in disposal of the above representation, the petitioner has approached this Court.
2. After hearing the learned Counsel for the petitioner and Adv.G.Biju, the learned Standing Counsel for the Travancore Devaswom Board, I am inclined to dispose of the Writ Petition itself by directing the first respondent to take up, consider and dispose of Ext.P9 representation in the light of the judgments in Laila vs. State of Kerala [2014 (3) KLT 754] and Chandrababu vs. Travancore Devaswom Board [2016 (1) KLT SN - 31], as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a WPC NO.28583 OF 2021 4 copy of this judgment and after giving a reasonable opportunity of being heard to the petitioner, either physically or online.
The Writ Petition is disposed of.
Sd/-
SUNIL THOMAS JUDGE SKP/13-12 WPC NO.28583 OF 2021 5 APPENDIX OF WP(C) 28583/2021 PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER NO.R.O.C.548/82/MIS. DATED 22.4.1992 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.
EXHIBIT P2 TRUE COPY OF THE ORDER NO.1549 DATED 2.7.1992 OF THE ASSISTANT DEVASWOM COMMISSIONER, VAIKOM TO THE PETITIONER.
EXHIBIT P3 TRUE COPY OF THE COMMUNICATION NO.3295 DATED 27.1.2016 FORWARDED BY THE ASST. COMMISSIONER, PUNALUR TO THE 2ND RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE JUDGMENT IN WP(C) NO.16607/2017 DATED 19.5.2017 OF THIS HON'BLE COURT.
EXHIBIT P5 TRUE COPY OF THE JUDGMENT IN WP(C)NO.29036/2016 DATED 15.2.2017. EXHIBIT P6 TRUE COPY OF THE ORDER NO. ROC 16321/2015/EST.B DATED 16.12.2017 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXHIBIT P7 TRUE COPY OF THE JUDGMENT IN WP(C) NO.11574/2021 DATED 31.5.2021. EXHIBIT P8 TRUE COPY OF THE ORDER ROC 8031/01/EST-
II DATED 18.10.2021 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.
EXHIBIT P9 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT DATED 16.11.2021 THROUGH PROPER CHANNEL. RESPONDENTS' EXHIBITS: NIL TRUE COPY P.A.TO JUDGE