Kerala High Court
P.K. Chandra Babu vs The Travancore Devaswom Board on 15 July, 2008
Bench: C.N.Ramachandran Nair, V.K.Mohanan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 18173 of 2004(L)
1. P.K. CHANDRA BABU, COMPOSITOR
... Petitioner
2. K.R. JAYARANI, BINDER (DAILY WAGE)
3. S.S. SANDHYARANI, DO. DO.
4. V. LEKHA, DO. DO.
5. T.R. SANDHYARANI, DO. DO.
6. S. REMADEVI, DO. DO.
7. R. VIJAYALAKSHMY, DO. DO.
8. K.R. LEKHA, MISCELLANEOUS WORKER,
9. G. JAYASANKAR, LASCAR (DAILY WAGE)
10. G. SARASWATHY ANTHARJANAM,
Vs
1. THE TRAVANCORE DEVASWOM BOARD,
... Respondent
2. THE DIRECTOR, CULTURAL AFFAIRS,
For Petitioner :SRI.KRB.KAIMAL (SR.)
For Respondent :SRI.P.G.PARAMESWARA PANICKER,SC, TDB
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice V.K.MOHANAN
Dated :15/07/2008
O R D E R
C.N.RAMACHANDRAN NAIR
& V.K.MOHANAN, JJ.
---------------------------------------------
W.P(C).No. 18173 of 2004 - L
---------------------------------------------
Dated this the 15th day of July, 2008
J U D G M E N T
Ramachandran Nair,J:
Heard counsel for the petitioners and Standing Counsel appearing for the Devaswom Board.
2. The petitioners were appointed in the Press run by the Devaswom Board for the last 14 to 17 years. Even though they were appointed on daily wage basis without any selection process, applications were later invited for appointment of daily wage employees in the Press. All of the petitioners were found eligible and the Devaswom Board, after notional termination, re-employed the petitioners to continue the same work they were doing in the press. It is seen that all the petitioners are engaged in manual work in the press. The reply affidavit filed by the petitioners shows that as of now, all of them were doing the same work under the Devaswom Board on daily wage basis for 14 to 17 years. This obviously means that the employment is of a regular nature. WP(C) NO.18173 of 2004 :-2-:
3. Since the posts are regular, we feel, the Devaswom Board should approach this Court for sanctioning creation of regular posts for accommodating the petitioners. However, since we are not the designated Devaswom Bench, we close this writ petition, directing the Devaswom Board to retain the petitioners in service and apply to this Court for sanctioning posts for the petitioners.
C.N.RAMACHANDRAN NAIR, Judge V.K.MOHANAN, Judge MBS/ WP(C) NO.18173 of 2004 :-3-:
C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ.
--------------------------------------------
I.T.A.NO. 81 OF 2000
------------------------------------
J U D G M E N T WP(C) NO.18173 of 2004 :-4-:
DATED:17-6-2008