Mayadevi K.S vs State Of Kerala
2021 Latest Caselaw 13195 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
         THURSDAY, THE 24TH DAY OF JUNE 2021 / 3RD ASHADHA, 1943
                          WP(C) NO. 10135 OF 2021
PETITIONERS:

     1       MAYADEVI K.S., ASSISTANT MANAGER/ADMINISTRATIVE
             ASSISTANT, GURUVAYUR DEVASWOM ENGLISH MEDIUM SCHOOL,
             GURUVAYUR, THRISSUR-680 101

     2       M.RADHA, ASSISTANT MANAGER, GURUVAYUR DEVASWOM MEDICAL
             CENTRE, GURUVAYUR, THRISSUR-680 101

     3       BINDHU LETHA MENON, ASSISTANT MANAGER, KOUSTHUBHAM REST
             HOUSE, GURUVAYUR, THRISSUR-680 101

             BY ADVS.
             K.JAJU BABU (SR.)
             SMT.M.U.VIJAYALAKSHMI
             SRI.BRIJESH MOHAN


RESPONDENTS:

     1      STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT,
            REVENUE (DEVASWOM) DEPARTMENT, GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM-695 001

     2      GURUVAYUR DEVASWOM MANAGING COMMITTEE, GURUVAYUR,
            THRISSUR-680 101,REPRESENTED BY ITS ADMINISTRATOR

     3      THE ADMINISTRATOR, GURUVAYUR DEVASWOM MANAGING COMMITTEE,
            GURUVAYUR, THRISSUR-680 101

     4      KERALA DEVASWOM RECRUITMENT BOARD, TRAVANCORE DSEVASWOM
            BOARD BUILDING, THIRUVANANTHAPURAM-695001, REPRESENTED BY
            ITS SECRETARY

     5      DEPARTMENTAL PROMOTION COMMITTEE (DPC), FOR-PROMOTION TO
            THE CADRE OF DEPUTY ADMINISTRATOR AND -MANAGER IN
            GURUVAYUR DEVASWOM, REPRESENTED BY ITS CONVENER AND
            CHAIRMAN, GURUVAYUR DEVASWOM,GURUVAYUR, THRISSUR-680 101
 WPC 10135/21
                                  2



    6     SRI.PRAMOD KALARIKKAL,
          ASSISTANT MANAGER (TEMPLE ACCOUNTS), GURUVAYUR
          DEVASWOM,GURUVAYUR, THRISSUR-680 101

    7     SRI.K.T.HARIDASAN
          ASSISTANT MANAGER (TEMPLE ), GURUVAYUR
          DEVASWOM,GURUVAYUR, THRISSUR-680 101

    8     SRI.PRAVEEN T.KUMAR
          ASSISTANT MANAGER (TEMPLE ), GURUVAYUR
          DEVASWOM,GURUVAYUR, THRISSUR-680 101

    9     SRI.K.BINU, ASSISTANT MANAGER (ACCOUNTS ),
          GURUVAYUR DEVASWOM,GURUVAYUR, THRISSUR-680 101

    10    SMT.P.RATHI, ASSISTANT MANAGER (MARAMATH),
          GURUVAYUR DEVASWOM,GURUVAYUR, THRISSUR-680 101

    11    SRI.V.C.SUNIL KUMAR, ASSISTANT MANAGER
          (LIVESTOCK ), GURUVAYUR DEVASWOM,GURUVAYUR,
          THRISSUR-680 101

          BY ADVS.
          SRI.SANTHEEP ANKARATH

          SRI. SUNIL KUMAR KURIAKOSE - GP,
          SRI. T.K.VIPINDAS - R2-R3
          SRI. V.V.NANDAGOPAL NAMBIAR SC(R4)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 24.06.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WPC 10135/21
                                        3



                             JUDGMENT

The petitioners, who are stated to be working

as Assistant Managers in various institutions

owned and controlled by the Guruvayur Devaswom

Board (hereinafter referred to as 'the Board' for

short), have approached this Court seeking a

direction to respondents 2 and 3 to promote them

as Managers, in accordance with Regulation No.16

of the Guruvayur Devaswom Employees Regulations,

1983, as is also mandated by Ext.P1.

2. The petitioners, through their learned

Senior Counsel - Sri.Jaju Babu, instructed by

Sri.Brijesh Mohan, today submitted that though

there are various allegations and assertions made

in this Writ Petition, it may not be necessary

for this Court to go into it in detail because,

pending this lis, a decision has been taken by

the Managing Committee of the Board on

26.04.2021, to effect promotions in terms of the WPC 10135/21

aforementioned Regulations, though a dissent has

been recorded therein on behalf of the

Chairperson of the Committee, who has taken the

stand that such promotions can only be done as

per the recommendations of the Departmental

Promotion Committee which met on 19.03.2021,

namely Ext.P6. The learned Senior Counsel

submitted that since the aforementioned decision,

namely Ext.P13, has been adopted by the Managing

Committee on majority, the same will now have to

be implemented. He, therefore, prayed that

respondents 2 and 3 be directed to implement

Ext.P13 forthwith.

3. In response, Sri.T.K.Vipin Das - learned

Standing Counsel appearing for respondents 2&3,

submitted that it is true that Ext.P13 decision

was taken by the Managing Committee on 26.04.2021

and that since it has been issued based on

majority, the same will necessarily have to be

implemented as per law. He, however, added that WPC 10135/21

the said decision can be enforced only as per law

and that Ext.P13 has been forwarded to the

Devaswom Recruitment Board for further action.

4. Sri. Nandagopal Nambiar - learned

Standing Counsel, submitted that if the Devaswom

Board has forwarded all the relevant and

necessary papers to his client, they will

initiate apposite steps for implementation of the

same following the Kerala Devaswom Board

Recruitment Rules. He prayed that such liberty

be reserved to his client.

5. When I examine Ext.P13 from the touchstone

of the rival contentions of the parties as afore,

it is clear that the Managing Committee appears

to have taken a decision to effect promotions

based on the 1983 Regulations. Indubitably, all

further action, based on this resolution, will be

within the liberty of the Devaswom Board to take

forward as per law.

6. In the afore circumstances, I do not WPC 10135/21

think that it will be necessary for this Court to

consider any of the rival contentions impelled in

this case at this stage, since it is up to the

Devaswom Board to now implement Ext.P13 as per

law.

In the afore circumstances, I order this Writ

Petition, recording that Ext.P13 resolution has

been adopted by the Managing Committee of the

Devaswom Board and leaving them liberty to

implement it in the manner and following the

procedure applicable.

Sd/-

RR                                      DEVAN RAMACHANDRAN
                                               JUDGE
 WPC 10135/21


               APPENDIX OF WP(C) 10135/2021

PETITIONER ANNEXURE:

EXHIBIT P1          TRUE COPY OF THE RELEVANT EXTRACT OF

THE GURUVAYUR DEVASWOM EMPLOYEES REGULATIONS 1983

EXHIBIT P2 TRUE COPY OF THE RELEVANT EXTRACT OF THE SENIORITY LIST/SERVICE DETAILS OF ASSISTANT MANAGERS

EXHIBIT P3 TRUE COPY OF THE NOTE DATED 14.05.2020 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONERS ALONG WITH TYPED COPY

EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 10.07.2020 SUBMITTED BY THE PETITIONERS 1 AND 2 AND 2 OTHERS BEFORE THE 2ND RESPONDENT

EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 10.11.2020 IN W.P(C) N.12652/2020 AND W.P.(C) NO.16530/2020 OF THIS HON'BLE COURT

EXHIBIT P6 TRUE COPY OF THE MINUTES OF THE DPC MEETING HELD ON 31.03.2021 FORWARDED BY THE 5TH RESPONDENT TO THE 3RD RESPONDENT VIDE NO.26/EA1-2018/KDRV DATED 31.03.3031

EXHIBIT P7 TRUE COPY OF THE CIRCULAR NO01/2016 ISSUED BY THE 4TH RESPONDENT VIDE NO.110/KDRB/2016 DATED 05.05.2016

EXHIBIT P8 TRUE COPY OF THE GOVERNMENT LETTER VIDE NO.REV-DEV 2/418/2018-REV DATED 28.11.2018 ALONG WITH TYPED COPY

EXHIBIT P9 TRUE COPY OF THE LETTER NO.EA1-

80/KDRB/2017 DATED 22.06.2019 ISSUED WPC 10135/21

BY THE 4TH RESPONDENT TO THE 3RD RESPONDENT.

TRUE COPY OF THE REPRESENTATION DATED EXHIBIT P10 19.04.2021 SUBMITTED BY THE PETITIONERS TO THE DPC, KDRB (CHAIRMAN-GURUVARYUOOR DEVASWOM)

EXHIBIT P11 TRUE COPY OF THE REPRESENTATION DATED 19.04.2021 SUBMITTED BY THE PETITIONERS TO THE 2ND RESPONDENT.

EXHIBIT P12 TRUE COPY OF THE REPRESENTATION DATED 21.04.2021 SUBMITTED BY THE MAJORITY SERVICE ORGANISATION TO THE CHAIRMAN AND MEMBERS, GURUVAYOOR DEVASWOM MANAGING COMMITTEE.

EXHIBIT P13 TRUE COPY OF THE DECISION NO.2 OF THE GURUVAYOOR DEVASWOM MANAGING COMMITTEE DATED 26.04.2021.

EXHIBIT P14 TRUE COPY OF THE NEWS REPORT DATED 31.05.2021 PUBLISHED IN MALAYALA MANORAMA.

RESPONDENTS' EXTS:

EXHIBIT R12(A) TRUE COPY OF REPRESENTATION DATED 03.05.2021 SUBMITTED BY THE PETITIONER BEFORE THE ADMINISTRATOR, GURUVAYOOR DEVASWOM.