Kerala High Court
Rethimol K.V vs Rethimol K.V on 8 April, 2021
WA 196/2021 1/5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Present:
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR.JUSTICE K. BABU
Thursday,the 8th day of April 2021/18th Chaithra, 1943
WA No.196/2021
Against interim order dated 22-12-2020 in IA1/2020 in WP(C) No.34525/2019 of this Court.
---
For information purpose only
APPELLANT/RESPONDENT:-
RETHIMOL K.V.
TERMINATED LD CLERK,OFFICE OF THE ASST.COMMISSIONER,
HARIPAD,RESIDING AT POTHACHIRA,KADAKKARAPALLY P.O.,
CHERTHALA-688 629.
BY ADV.SRI.R.RAJASEKHARAN PILLAI
RESPONDENTS/PETITIONERS:
1.THE TRAVANCORE DEVASWOM BOARD,
REPRESENTED BY ITS SECRETARY, DEVASWOM
BUILDINGS,NANTHANCODE P.O.,THIRUVANANTHAPURAM-695 033.
2.THE COMMISSIONER,
TRAVANCORE DEVASWOM BOARD,DEVASWOM BUILDINGS,
NANTHANCODE P.O., THIRUVANANTHAPURAM-695 033.
ADDL.R3 IMPLEADED.
3.KERALA DEVASWOM RECRUITMENT BOARD,
REPRESENTED BY ITS SECRETARY,II FLOOR,DEVASWOM BOARD
BUILDING,MG ROAD,OPP.GOVERNMENT AYURVEDA
COLLGE,THIRUVANANTHAPURAM-695 001.
IS IMPLEADED AS ADDL.R3 AS PER ORDER DATED 29.03.2021 IN
UNNUMBERED I.A. OF 2021 IN W.A.NO.196/2021.
BY SRI.G.BIJU, STANDING COUNSEL
Prayer for interim relief in the Writ Appeal stating that in the circumstances stated in
the appeal memorandum the High Court be pleased to direct the respondents to reinstate the
appellant as LD clerk,pending disposal of the writ appeal.
This Writ Appeal again coming on for orders along with connected cases on
08.04.2021 upon perusing the appeal memorandum, the court on the same day passed the
following:-
ALEXANDER THOMAS & K. BABU, JJ.
----------------------------------------------------
W.A. No.196 of 2021
[arising out of judgment dated 22.12.2020
in W.P.(C) No.34525/2019]
& W.P.(C) Nos.18400/2016, 18484/2016, 18494/2016,
18685/2016, 19758/2016, 34525/2019 & 4157/2020
----------------------------------------------
For information purpose
Dated this the 08 day of April, 2021 only
th
ORDER
The parties have been heard in extnso.
2. After hearing the parties, we feel that it will be
necessary to secure more comprehensive factual information about
certain relevant aspects of the matter.
3. Accordingly it is ordered that the Secretary of the
respondent-Travancore Devaswom Board shall swear to an
affidavit in one of the leading cases in the batch cases and copy
thereof shall be served on all the learned Advocates concerned,
appearing for the various writ petitioners on the point mentioned
hereinafter.
4. It shall be stated in the said affidavit as to the details of
the number of temples that come under the administrative and
statutory control of the Travancore Devaswom Board, which are
having establishments of the temples concerned with the selection
process in question and also the total number of sanctioned posts
for various category of posts and also roughly the total number
of pensioners who have retired from the service of the
Devaswom and also as to the various financial resources for
meeting with the expenditure for paying the pay and allowances
For information purpose only
and other financial benefits payable to the various employees as
well as to the pensioners and also the amounts that are
otherwise meant for meeting the other expenditure for running
the administration of Devaswom, etc.
5. So also, the said affidavit should state meticulously
the mode of selection and appointment that has been followed
by the respondent-Devaswom Board for making regular
appointments as well as temporary/provisional appointments,
prior to coming into force of the Kerala Devawom Recruitment
Board, 2014, which came into force on 01.03.2014.
6. The said affidavit should also state the details of the
appointments made under the 3 percent/4 percent quota meant
for physically disabled candidates, as stipulated in the Persons
With Disabilities Act, 1995 (Central Act 1 of 1996) as well as the
subsequent enactment, viz., Rights of Persons with Disabilities
Act, 2016 (Central Act 49 of 2016), and also as to the total cadre
strength of the categories of posts involved in the present cases
and whether those posts which are concerned with the present
selection process have been identified as suitable for making
appointment under the above said Central Acts and as to the
quota thus set apart for physically disabled candidates.
For information purpose only
7. Sri.V.V. Nandagopal Nambiar, the learned Standing
Counsel for the respondent-Kerala Devaswom Recruitment
Board submits that short time may be granted to enable his
party to file affidavit in this case. Time granted.
8. The respondent-Kerala Devaswom Recruitment
Board will file affidavit touching the various aspects and also as
to whether the physically disabled candidates involved in any of
these cases have been considered for regular selection not only
as against general vacancies but also as to the vacancies set
apart in the physically disabled quota and also as to whether the
norms meant for selection in the PD quota has been observed
while considering the selection of physically disabled candidates
concerned in these cases like the petitioners in W.P.(C)
No.34525/2019 and W.P.(C) No.19758/2016 and the details in
that regard, etc.
9. The learned Advocates appearing for the various
parties will be allowed to make submissions on the next posting
date on the aspects covered in the additional affidavits to be
filed by the respondent-Travancore Devaswom Board and
respondent-Kerala Devasawom Recruitment Board.
10. These cases are treated as partly heard.
For information purpose only
List these cases for orders at 3.45 pm. on 27.05.2021.
H/o copies of this order to both sides.
Sd/-
ALEXANDER THOMAS,
JUDGE
Sd/-
K. BABU,
JUDGE
Skk//08-04-2021
/true copy/ Sd/- ASSISTANT REGISTRAR
