IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 3RD DAY OF FEBRUARY 2023 / 14TH MAGHA, 1944
WP(C) NO. 3721 OF 2023
PETITIONER
SUJITH MARAR
AGED 37 YEARS
S/O BALACHANDRAN MARAR, 'POOMADATHIL', THUVAKKODE P.O,
CHEMANCHERI VIA, KOZHIKODE, PIN - 673304
BY ADV MANAS P HAMEED
RESPONDENTS:
1 MALABAR DEVASWOM BOARD
REPRESENTED BY THE COMMISSIONER AND SECRETARY,
ERANHIPALAM, KOZHIKODE, PIN - 673006
2 THE COMMISSIONER & SECRETARY, MALABAR DEVASWOM BOARD
ERANHIPALAM, KOZHIKODE, PIN - 673006
3 SHREE PISHARIKAVU DEVASWOM
REPRESENTED BY THE EXECUTIVE OFFICER, KOLLAM P.O,
QUILANDY, KOZHIKODE, PIN - 673307
4 THE EXECUTIVE OFFICER, SHREE PISHARIKAVU DEVASWOM
KOLLAM P.O, QUILANDY, KOZHIKODE, PIN - 673307
SRI.R.LAKSHMI NARAYAN (SC) R1 & R2
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.3721 OF 2023
2
JUDGMENT
Dated this the 3rd day of February, 2023 The petitioner states that he was a candidate for regular selection to the post of Panikottu (Vadyam) notified as per Ext.P1 notification issued by the 3rd respondent-Shree Pisharikavu Devaswom. The petitioner was waiting since 2018 for selection. The selection was delayed due to certain disputes between the Devaswom Board and the Board of Trustees.
2. Now, instead of proceeding with the selection, respondents 3 and 4 are proceeding to regularise some temporary employees, who were appointed quite recently. Such appointment is being done without much publicity and without giving an opportunity to all interested eligible parties to participate in the selection process.
3. The petitioner contends that the action of the respondents in stopping the proceedings pursuant to the WP(C) NO.3721 OF 2023 3 notification issued in the year 2018 and in attempting to regularise temporary employees is highly illegal and arbitrary. The petitioner has preferred Ext.P8 representation before the 2nd respondent in this regard. The petitioner's representation has not been looked into. At the same time, the Executive Officer is proceeding with the regularisation as is evident from Ext.P10.
4. I have heard the learned counsel for the petitioner and the learned Standing Counsel representing respondents 1 and 2. In view of the nature of reliefs to be granted in the writ petition, notice to respondents 3 and 4 is dispensed with.
5. The grievance of the petitioner is against regularisation of temporary employees in a post which was already notified for direct recruitment in the year 2018. When the petitioner has applied for the post in question and selection proceedings are not concluded, it is improper for respondents 3 and 4 to resort to filling up the vacancies by regularisation of temporary appointees, who are appointed subsequent to the WP(C) NO.3721 OF 2023 4 notification, contends the petitioner.
6. Taking into consideration the facts of the case, I am of the view that the 2nd respondent shall advert to the grievance raised by the petitioner atleast at the first instance.
In the circumstances, the writ petition is disposed of directing the 2nd respondent to consider Ext.P8 representation and pass appropriate orders thereon within a period of two months, after giving an opportunity of hearing to the petitioner as well as respondents 3 and 4. Any further proceedings or appointments to the post in question pursuant to Ext.P10 will be subject to the orders to be passed by the 2nd respondent.
sd/-
N.NAGARESH JUDGE hmh WP(C) NO.3721 OF 2023 5 APPENDIX OF WP(C) 3721/2023 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE NOTIFICATION DATED 01.12.2018 ISSUED BY THE 3RD RESPONDENT, IN MATHRUBHUMI DAILY ON 01.12.2018 Exhibit P2 A TRUE COPY OF THE PAYMENT RECEIPT DATED 01.12.2018 ISSUED BY THE 4TH RESPONDENT Exhibit P3 A TRUE COPY OF THE APPLICATION FORM DATED 01.12.2018 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT Exhibit P4 A TRUE COPY OF INTERVIEW MEMO NO.P.D.78/18 COMMUNICATED BY THE 4TH RESPONDENT Exhibit P5 A TRUE COPY OF THE JUDGMENT DATED 31.03.2021 PASSED BY THIS HONOURABLE COURT IN W.P.(C).NO.3072 OF 2021 AND W.P.(C).NO.4626 OF 2021 Exhibit P6 A TRUE COPY OF APPLICATION DATED 19.09.2022 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT UNDER THE RTI ACT Exhibit P7 A TRUE COPY OF THE REPLY DATED 03.10.2022 COMMUNICATED BY THE 1ST RESPONDENT UNDER THE RTI ACT Exhibit P8 A TRUE COPY OF THE REPRESENTATION DATED 16.12.2022 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P9 A TRUE COPY OF THE APPLICATION DATED 06.01.2023 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT Exhibit P10 A TRUE COPY OF THE ORDER DATED 09.12.2022 ISSUED BY THE 4TH RESPONDENT, RECEIVED BY THE PETITIONER UNDER RTI ACT Exhibit P11 A TRUE COPY OF THE LETTER DATED 18.12.2022 COMMUNICATED BY THE 4TH RESPONDENT TO THE 2ND RESPONDENT, RECEIVED BY THE PETITIONER UNDER THE RTI ACT