Rajeev P.R vs Travancore Devaswom Board

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Kerala High Court

Rajeev P.R vs Travancore Devaswom Board - on 8 September, 2023

Bench: V Raja Vijayaraghavan

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
               THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
          Friday, the 8th day of September 2023 / 17th Bhadra, 1945
                         WP(C) NO. 36400 OF 2022 (Y)
PETITIONERS:

  1. RAJEEV P.R., AGED 46 YEARS, S/O. RAMACHANDRAN NAIR, KAZHAKAM,
     KUNNANKARI DEVI TEMPLE, KIDANGARA P.O., ALAPPUZHA - 686102
  2. BAIJU K., AGED 49 YEARS, S/O. KRISHNA PILLAI, KAZHAKAM, VAYALKULAM
     PALLIYARAKAVU TEMPLE, VARKALA, THIRUVANANTHAPURAM - 695141
  3. V.K. AJIKUMAR, AGED 52 YEARS, S/O. P. KUTTAN PILLAI, PANCHAVADYAM,
     KURA SREE KRISHNA SWAMI TEMPLE, THALAVOOR, KOTTARAKARA, KOLLAM -
     691557

RESPONDENTS:

  1. TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY,
     NANTHANCODE, THIRUVANANTHAPURAM - 695003
  2. THE DEVASWOM COMMISSIONER, OFFICE OF THE DEVASWOM COMMISSIONER,
     TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM - 695003
  3. KERALA DEVASWOM RECRUITMENT BOARD, REPRESENTED BY ITS SECRETARY, 2ND
     FLOOR, DEVASWOM BUILDING, M.G. ROAD, THIRUVANANTHAPURAM - 695001


     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 issue an interim direction to the 1st respondent not to make
any appointment under direct recruitment quota to the post of Watcher
until the vacancies available for by transfer appointment are filled up
pending disposal of the Writ Petition.


     This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S.P.MOHANDAS (ERNAKULAM), K.SUDHINKUMAR, SABU PULLAN, GOKUL D.
SUDHAKARAN & R.BHASKARA KRISHNAN, Advocates for the petitioners, STANDING
COUNSEL for R1 & R2, the court passed the following:
                       RAJA VIJAYARAGHAVAN V, J.
                     -------------------------------------
                      W.P. (C) No.36400 of 2022
                  -------------------------------------------
               Dated this the 8th day of September, 2023

                                    ORDER

The learned Standing Counsel appearing for the TDB refers to the Special Rules, which was published on 22.6.2022, and submits that the seniority list of the qualified temple employees needs to be drawn up for granting by transfer appointment.

2. On the other hand, the learned counsel appearing for the petitioner submits that the cadre strength of the watcher is 650, and as of date, only 30 watchers have been appointed through the by-transfer method.

3. It appears that the issue is with regard to the appointment of watchers under the Direct Recruitment Quota without filling up the quota of watchers available for by-transfer appointments.

4. The learned standing counsel shall file a statement detailing the situation that prevailed before the special rules in 2022 and what transpired thereafter. The statement shall also advert to the cadre strength and shall contain the comparative details of the watchers appointed under Direct Recruitment as well as by-transfer appointment before and after the implementation of the Special Rules.

W.P.(C) No. 36400 of 2022

As an interim measure, it is made clear that the appointment, if any, made shall be subject to the final outcome of the writ petition.

Post after two weeks.

Sd/-

RAJA VIJAYARAGHAVAN V, JUDGE jes 08-09-2023 /True Copy/ Assistant Registrar

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