Madhu C. Warrier vs Travancore Devaswom Board
2021 Latest Caselaw 3811 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

                THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

           TUESDAY, THE 02ND DAY OF FEBRUARY 2021 / 13TH MAGHA,1942

                           WP(C).No.707 OF 2012(K)


PETITIONER:

                MADHU C. WARRIER
                AGED 47 YEARS
                S/O. CHAKRAPANI WARRIER, NEDUMAN WARRIYAM, VEERANAKAVU P.O.,
                KATTAKKADA, THIRUVANANTHAPURAM. (GENERAL SECRETARY, THE
                TRAVANCORE EVASWOM BOARD EMPLOYEES FEDERATION,
                THIRUVANANTHAPURAM).

                BY ADV. SRI.D.AJITHKUMAR

RESPONDENTS:

       1        TRAVANCORE DEVASWOM BOARD
                REPRESENTED BY ITS SECRETARY, TRAVANCORE DEVASWOM BOARD
                BUILDING, NANTHANCODE, THIRUVANTHAPURAM-695 010.

       2        THE COMMISSIONER
                TRAVANCORE DEVASWOM BOARD BUILDING, NANTHANCODE,
                THIRUVANANTHAPURAM. 695 010.

                BY ADV. SRI.G.BIJU
                BY SRI.M.V.S.NAMBOOTHIRI, SC
                BY SRI.K.SASIKUMAR, SC

      THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02.02.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.707 OF 2012(K)

                                       2




                               JUDGMENT

The petitioner has filed this writ petition in the year 2012

assailing Ext.P4, as per which, certain additional posts have been

created in the services of Travancore Devaswom Board and he says

that this will cause additional finance burden on it.

2. However, the learned Standing Counsel for the

Travancore Devaswom Board submitted that a work study was

conducted on the services of the Board and that three reports were

presented before a learned Division Bench of this Court dealing

with Devaswom matters and that certain orders have already been

issued approving them.

Taking note of afore submissions and particularly, the fact

that this matter has been pending before this Court for the last

eight years without any interim orders, I do not deem it

appropriate to accede to the request of the petitioner made

herein; and I, therefore, close this writ petition, finding that the

cause of action has now become stale, especially on account of the

later developments as mentioned afore.

Sd/-

                                             DEVAN RAMACHANDRAN

rp                                                    JUDGE
 WP(C).No.707 OF 2012(K)





                                    APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1                 TRUE COPY OF THE PETITION DATED 14.2.20211 FILED

BY PETITIONERS ORGANIZATION BEFORE THE HONBLE OMBUDSMAN FOR TRAVANCORE AND COCHIN DEVASWOM BOARDS.

EXHIBIT P2 TRUE COPY OF THE DETAILED SUGGESTION DATED 19.10.2011 SUBMITTED BY PETITIONERS ORGANIZATION BEFORE THE HONBLE OMBUDSMAN FOR TRAVANCORE AND COCHIN DEVASWOM BOARDS.

EXHIBIT P3 TRUE COPY OF THE ORDER DATED 19.10.2011 OF THE HONBLE OMBUDSMAN FOR TRAVANCORE AND COCHIN DEVASWOM BOARDS.

EXHIBIT P4 TRUE COPY OF THE ORDER DATED 6.12.2011 OF THE 1ST RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE RELEVANT PORTIONS OF BUDGET ALLOCATION FOR THE YEAR 2011-2012.

EXHIBIT P6 TRUE COPY OF THE COMMUNICATION DATED 23.5.2011 FINANCE AND ACCOUNTS OFFICER OF THE TRAVANCORE DEVASWOM BOARD.

EXHIBIT P7 TRUE COPY OF THE JUDGMENT IN DBA NO. 50 OF 2005 OF THIS HONBLE COURT.

EXHIBIT P8 TRUE COPY OF THE PROPOSAL AS PER VIDE ROC NO.

13/2015/ INSPECTION DATED 2.3.2015 INSPECTION DATED 2.3.2015 SUBMITTED BY DEPUTY DEVASWOM COMMISSIONER (INSPECTION).

RESPONDENT'S/S EXHIBITS:

EXHIBIT R1 (A) TRUE COPY OF THE RULES REGARDING SERVICE ASSOCIATION IN THE TRAVANCORE DEVASWOM BOARD.

EXHIBIT R1 (B) TRUE COPY OF THE PROCEDURES OF THE BOARD DATED 8.11.2010.

EXHIBIT R1 (C) TRUE COPY OF THE BOARD PROCEEDINGS ROC NO.

6289/10/M DATED 16.11.2010.

EXHIBIT R1 (D) TRUE COPY OF THE T.D.B. REPORT NO. 85/2010.

EXHIBIT R1 (E) TRUE COPY OF THE JUDGMENT IN DBP 36/2010 OF THIS HONBLE COURT.