Subash V.K vs Travancore Devaswom Board - Tdb
2021 Latest Caselaw 13752 Ker

WP(C) NO. 12670 OF 2021

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                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
          FRIDAY, THE 2ND DAY OF JULY 2021 / 11TH ASHADHA, 1943
                          WP(C) NO. 12670 OF 2021
PETITIONERS:

     1       SUBASH V.K.
             AGED 47 YEARS
             S/O. V.K. VENUGOPAL, STRONG ROOM GUARD, VALIYASALA
             DEVASWOM, THIRUVANANTHAPURAM, RESIDING AT ROHINI,
             MUGHAVOOR, KARIPUR P.O, NEDUMANGAD,
             THIRUVANANTHAPURAM-695 541, MOB 9496102984.

     2       AJEESH V,
             AGED 40 YEARS
             S/O. VISWANATHAN, STRONG ROOM GUARD, ASSISTANT ENGINEER'S
             OFFICE-PAMBA, SABARIMALA DEVELOPMENT PROJECT, TRAVANCORE
             DEVASWOM BOARD, PAMBA P.O, RESIDING AT ANEESH BHAVAN,
             OOLANKIHI, ANAYARA P.O, TRIVANDRUM-695 029, MOB-9895970257

             BY ADV B.HARISH KUMAR


RESPONDENTS:

     1       TRAVANCORE DEVASWOM BOARD
             REPRESENTED BY THE DEVASWOM COMMISSIONER, TRAVANCORE
             DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM-695 003.

     2       THE SECRETARY,
             TRAVANCORE DEVASOM BOARD, NANTHANCODE,
             THIRUVANANTHAPURAM-695 003

             SRI.G.BIJU, SC FOR TDB

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.07.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 12670 OF 2021

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                                    JUDGMENT

This writ petition is filed seeking the following prayers:

"(i) To issue a writ of mandamus order or direction commanding the respondents to consider and dispose of exhibit P17 representation in accordance with recruitment rule within a short period.

(ii) To issue a writ of mandamus order or direction commanding the respondents to appoint the petitioners through category change from Strong Room Guard to Lower Division Clerk/Sub Group Officer Grade-II in the existing vacancy after complying with the direction in exhibit P14 judgment."

2. Heard the learned counsel for the petitioners and the learned standing

counsel appearing for the Travancore Devaswom Board.

3. It is submitted by the learned counsel for the petitioners that the

petitioners are presently working as Strong Room Guards under the

Devaswom Board. It is submitted that they are eligible for category change to

the post of Lower Division Clerk/Sub Group Officer Grade-II in terms of

Ext.P4 rules. It is further submitted that the petitioners' names are included

in Ext.P13 list prepared and that there are vacancies available for filling up

by category change. Petitioners have preferred Ext.P17 representation before

the respondent-Board and seeks a consideration of the same.

4. The learned standing counsel appearing for the respondents submits WP(C) NO. 12670 OF 2021

that the exercise in respect of category change for the current year has

already been completed and that the request made by the petitioners will be

considered in accordance with law.

5. Having heard the learned counsel on either side, I am of the opinion

that it is for the 1st respondent to take an appropriate decision on the

representation made by the petitioners. There will, accordingly, be a

direction to the 1st respondent to take up Ext.P17 representation preferred by

the petitioners and to pass orders thereon, in accordance with law, within a

period of three months from the date of receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 12670 OF 2021

APPENDIX OF WP(C) 12670/2021

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE SENIORITY LIST OF LOWER DIVISION CLERK/SUB GROUP OFFICER GRADE-II ISSUED BY THE OFFICE OF THE 1ST RESPONDENT

EXHIBIT P2 A TRUE COPY OF THE JUDGMENT DATED 22/2/2013 PASSED BY THIS HON'BLE COURT.

EXHIBIT P3 A TRUE COPY OF THE ORDER DATED 15/10/13 ISSUED BY THE 1ST RESPONDENT

EXHIBIT P4 A TRUE COPY OF THE FINAL NOTIFICATION DATED 24/2/2015 ISSUED BY THE 1ST RESPONDENT

EXHIBIT P5 A TRUE COPY OF THE PROCEEDINGS DATED 29/4/16 ISSUED BY THE RESPONDENT DEVASWOM

EXHIBIT P6 A TRUE COPY OF THE REPRESENTATION DATED 8/6/16 SUBMITTED BY THE PETITIONERS

EXHIBIT P7 A TRUE COPY OF THE JUDGMENT DATED 13/6/2016 PASSED BY THIS HON'BLE COURT

EXHIBIT P8 A TRUE COPY OF THE ORDER DATED 4/11/2016 PASSED BY THE RESPONDENT BOARD.

EXHIBIT P9 A TRUE COPY OF THE INFORMATION DATED 30/9/16 ISSUED BY THE RESPONDENT BOARD

EXHIBIT P10 A TRUE COPY OF THE JUDGMENT DATED 7/6/17 PASSED BY THIS HON'BLE COURT

EXHIBIT P11 A TRUE COPY OF THE REPRESENTATION BY THE PETITIONER ALONG WITH OTHERS ON 24/6/17

EXHIBIT P12 A TRUE COPY OF THE PROCEEDINGS DATED 19/9/17 PASSED BY THE 1ST RESPONDENT

EXHIBIT P13 A TRUE COPY OF THE SENIORITY LIST PREPARED BY THE 1ST RESPONDENT FOR THE CATEGORY CHANGE OF STRONG ROOM GUARDS TO THE POST OF LOWER DIVISION CLERK/SUB GROUP OFFICER II FOR THE YEAR JANUARY 2017 WP(C) NO. 12670 OF 2021

EXHIBIT P14 A TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED 31/03/2021

EXHIBIT P15 A TRUE COPY OF THE APPLICATION SUBMITTED UNDER RIGHT TO INFORMATION ACT DATED 10-06-2021

EXHIBIT P16 A TRUE COPY OF THE REPLY ISSUED BY THE BOARD DATED 16/06/2021

EXHIBIT P17 A TRUE COPY OF THE REPRESENTATION PREFERRED BY THE PETITIONERS DATED 21/06/21

RESPONDENT'S/S EXHIBITS: NIL