Kerala High Court
Madhu S vs Travancore Devaswom Board on 29 June, 2022
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
WP(C) No.20301/2022 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
Wednesday, the 29th day of June 2022 / 8th Ashadha, 1944
WP(C) NO. 20301 OF 2022(K)
PETITIONER:
MADHU S., S/O. SIVASANKARA PILLAI, AGED 51 YEARS, RESIDING AT
KARUNILAM, THAKAZHY P.O., ALAPPUZHA - 688 562 (PRESENTLY WORKING AS
WATCHER AT THE KAMAPURAM DEVASWOM, THAKAZHY SUB GROUP, AMBALAPUZHA
UNDER TRAVANCORE DEVASWOM BOARD)
RESPONDENTS:
1. TRAVANCORE DEVASWOM BOARD, NANTHANCODE, KAWDIAR POST,
THIRUVANANTHAPURAM - 695 003 REPRESENTED BY ITS SECRETARY
2. COMMISSIONER, OFFICE OF THE COMMISSIONER, TRAVANCORE DEVASWOM BOARD,
NANTHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM - 695 003.
3. DEPUTY DEVASWOM COMMISSIONER, OFFICE OF THE COMMISSIONER, TRAVANCORE
DEVASWOM BOARD, NANTHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM - 695
003
4. KERALA DEVASWOM RECRUITMENT BOARD, TRAVANCORE DEVASWOM BOARD
BUILDING, M. G. ROAD, AYURVEDA COLLEGE JUNCTION, THIRUVANANTHAPURAM
- 695 001, REPRESENTED BY ITS SECRETARY
5. SECRETARY TO THE GOVERNMENT, DEVASWOM DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM - 695 001
6. SECRETARY TO THE GOVERNMENT, DEPARTMENT OF SOCIAL JUSTICE,
GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695
001
7. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695 001
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to (A) Stay the opertion of Ext.P6 order dated 22-01-2022 to the
extent it restricts the benefits due under the 1995 - Act from
22-09-2021(date of identification of the post); and (b) restrain the 1st
and 2nd respondents from making appointments pursuant to Ext.P9
notification dated 18-05-2022, without obtaining express orders from this
Hon'ble Court; or in the alternative, (c) direct the 1st and 2nd
respondents to keep one vacancy out of 50 vacances notified in Ext.P9
notification unfilled, until disposal of this Writ Petition.
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's order dated
23-06-2022 and upon hearing the arguments of M/S.SHAMEENA SALAHUDHEEN,
O.M.SHALINA, T.V.VINU & JISEMOL THOMAS, Advocates for the petitioner, SRI.
C.K. PAVITHRAN, STANDING COUNSEL for respondents 1,2 & 3, SRI.
WP(C) No.20301/2022 2/4
V.V.NANDAGOPAL NAMBIAR, STANDING COUNSEL for respondent 4 and of
GOVERNMENT PLEADER for respondents 5 to 7, the court passed the
following:
WP(C) No.20301/2022 3/4
RAJA VIJAYARAGHAVAN V, J.
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W.P.(C) No.20301 of 2022
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Dated this the 29th day of June, 2022
ORDER
It is pointed out by Smt.Shameena Salahudheen, the learned counsel appearing for the petitioner, that an inadvertent error has crept into para 5 of the interim order dated 23.6.2022. It appears to be correct.
In that view of the matter, the interim order dated 23.6.2022 shall stand modified and there will be a direction to the respondents 1 and 2 to keep aside one vacancy out of 50 vacancies as notified in Ext.P9. The respondents shall also refrain from making appointments pursuant to Ext.P9 notification, without securing orders from this Court.
Post after ten days.
Sd/-
RAJA VIJAYARAGHAVAN V, JUDGE IAP 29-06-2022 /True Copy/ Assistant Registrar WP(C) No.20301/2022 4/4 APPENDIX OF WP(C) 20301/2022 Exhibit P9 A TRUE COPY OF THE NOTIFICATION NO.707R1/2022/K.D.R.B. DATED 18.05.2022 ISSUED BY THE 2ND RESPONDENT