Kerala High Court
Manoj Kumar .S vs The Travancore Devaswom Board on 27 October, 2020
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 27TH DAY OF OCTOBER 2020 / 5TH KARTHIKA, 1942
WP(C).No.21617 OF 2020(B)
PETITIONER:
MANOJ KUMAR .S., AGED 39 YEARS
S/O. SHIVASANKARA PILLAI, PALAVILA KIZHAKATHIL,
EDAVANASSERY, MAINAGAPPALLY P O, KOLLAM - 690519.
BY ADVS.
SRI.SHABU SREEDHARAN
SRI.NITIN RAJAN NAIR
SMT.ANJANA G.
SHRI.JOBIN JOSE P.
RESPONDENTS:
1 THE TRAVANCORE DEVASWOM BOARD
REPRESENTED BY ITS SECRETARY, NANDANCODE,
KOWDIAR P O, THIRUVANANTHAPURAM - 695003.
2 THE DEVASOWM COMMISSIONER,
TRAVANCORE DEVASWOM BOARD, NANDANCODE, KOWDIAR P O,
THIRUVANANTHAPURAM - 695003.
3 THE ASSISTANT COMMISSIONER,
TRAVANCORE DEVASWOM BOARD, KARUNAGAPPALLY GROUP,
KARUNAGAPPALLY P O, KOLLAM - 690518.
SRI. BIJOY CHANDRAN - SR.GP,
SRI.C.K.PAVITHRAN - SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.10.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.21617 OF 2020(B)
2
JUDGMENT
Dated this the 27th day of October 2020 The petitioner says that he is presently working as a Watcher in the services of the first respondent - Travancore Devaswom Board and prays that respondents be directed to count his total service from 11.10.2012 - when he entered services as a 'Part Time Thali' - and to extend him all benefits consequent thereto. He also has a case that respondents are liable to grant him a basic salary of Rs.17,000/- from the date of his appointment as a Watcher, along with subsequent increments; and seeks that the benefits be given to him in the revised scale from 01.11.2020.
2. However, the petitioner concedes that he has already preferred Exts.P5 and P6 representations before the second respondent - Devaswom commissioner of the Board asserting all these claims; and thus alternatively prays that the same be directed to be taken up and disposed of at the earliest.
3. When I consider the afore submissions, it is without doubt that even though the petitioner has made various allegations and averments in this writ petition, the same cannot be looked into by this Court on its merits at this stage because, admittedly, he has invoked his alternative statutory remedy by WP(C).No.21617 OF 2020(B) 3 preferring Exts.P5 and P6 representations before the second respondent - Devaswom commissioner of the Board. I am, therefore, of the firm view that the said Authority must be directed to dispose of the same as per law.
4. The learned standing counsel for the Board, Sri.C.K.Pavithran, also affirmed that there is no legal impediment in Exts.P5 and P6 representations of the petitioner being taken up and disposed of; but prayed that this Court may not make any affirmative declarations as to the entitlement of the petitioner to any relief and leave it to the competent Authority to take a decision on it in terms of law.
In the afore circumstances, I order this writ petition and direct the second respondent to take up Exts.P5 and P6 representations of the petitioner and to dispose of the same, after affording an opportunity of being heard to him - either physically or through video conferencing - leading to an appropriate decision thereon, as expeditiously as is possible, but not later than two months from the date of receipt of a copy of this judgment.
Sd/- DEVAN RAMACHANDRAN Stu JUDGE WP(C).No.21617 OF 2020(B) 4 APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE APPOINTMENT ORDER ISSUED BY THE 2ND RESPONDENT DATED 29.09.2012. EXHIBIT P2 THE TRUE COPY OF THE APPOINTMENT ORDER ISSUED BY THE 2ND RESPONDENT DATED 31.07.2015. EXHIBIT P3 THE TRUE COPY OF THE RELEVANT PAGE OF THE ORDER ISSUED BY THE 2ND RESPONDENT DATED 27.10.2016.
EXHIBIT P4 THE TRUE COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT DATED 27.04.2018 EXHIBIT P5 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 7.01.2019.
EXHIBIT P6 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 17.10.2019.
EXHIBIT P7 THE TRUE COPY OF THE REPORT FORWARDED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT DATED 07.11.2019.