Lekshmi Chandran.G vs The Travancore Devaswom Board
2021 Latest Caselaw 10542 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

     MONDAY, THE 29TH DAY OF MARCH 2021 / 8TH CHAITHRA, 1943

                       WP(C).No.8083 OF 2021(I)


PETITIONERS:

      1        LEKSHMI CHANDRAN.G
               AGED 31 YEARS
               SREE BHAVAN,KUTTIYANICADU,KEEZHAROORM.P.O,
               THIRUVANANTHAPURAM-695124.

      2        HAREESH.L.R,
               HARITHAM,VELLANADU.P.O,
               THIRUVANANTHAPURAM-695543.

      3        SABARINATH.H,
               VALAKOTTUMADOM,OTTOOR,
               MOONGODE.P.O, VARKALA,
               THIRUVANANTHAPURAM-695144.

      4        JAYASREE.J,
               MOOLAYIL HOUSE,PARIPPU.P.O,
               KOTTAYAM DISTRICT-686014.

      5        INDU.U,
               REVATHY,PLRA-71,PANCAHAMMOODU LANE,PATTOM.P.O,
               THIRUVANANTHAPURAM-695004.

      6        SMITHA C NAIR,
               KOITHATTA MEETHALE VEEDU,RAMANTHALI.P.O,
               KANNUR DIST-670308.

      7        MALLIKA.NM,
               KUNJILIKKATTIL HOUSE,KOOLLIMUTTAM PO,
               EMMAD,THRISSUR DISTRICT-680691.

      8        DHANYA.S,
               'VAIKUNDAM'POONCODE,BHAGAVATHINADA.P.O,
               THIRUVANANTHAPURAM-695501.

      9        GREESHMA.V.R,
               EATTIPADATH HOUSE,ST.MARY'S STREET,
               KURIACHIRA,THRISSUR DISTRICT-680006.

      10       ANJALY SANKAR,
               PERIYAMANA,OLASSA.P.O,
               KOTTAYAM DISTRICT-686014.
 WP(C).No.8083 OF 2021(I)

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       11      ARYA.V,
               VALIAVEETTIL,CHENNEERKKARA.P.O,
               PATHANAMTHITTA-695543.

       12      NAVANEETH.V,
               NAVANEETHAM,MUHAMMA.P.O,
               ALAPPUZHA-688525.

               BY ADVS.
               SRI.T.R.JAGADEESH
               SRI.B.RATHEESH

RESPONDENTS:

       1       THE TRAVANCORE DEVASWOM BOARD
               REPRESENTED BY ITS SECRETARY,
               NANTHANCODE,THIRUVANANTHAPURAM-695003.

       2       THE DEVASWOM COMMISSIONER,
               TRAVANCORE DEVASWOM BOARD,
               NANTHANCODE,THIRUVANANTHAPURAM-695003.

       3       THE KERALA DEVASWOM RECRUITMENT BOARD,
               REPRESENTED BY ITS SECRETARY,
               M.G.ROAD,AYURVEDA COLLEGE JUNCTION,
               THIRUVANANTHAPURAM-695001.


               G BIJU SC TDB

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.8083 OF 2021(I)

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                                 JUDGMENT

Dated this the 29th day of March 2021

This writ petition is filed seeking the following reliefs:

"i) To issue a writ of mandamus or any other writ or order directing the respondents No.1 & 2 to report all the vacancies of Lower Division Clerk/Sub Group Officer Grade II to the respondents No.3 immediately.

ii) To direct the respondents to terminate the services of temporary/daily wage employees who are employed under indigent circumstances exceeding 10% quota and to appoint the petitioners as Lower Division Clerk/Sub Group Officer Grade II immediately."

2. Heard the learned counsel for the petitioners and the

learned Standing Counsel appearing for the respondents.

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

that Ext.P2 ranked list has been prepared for appointment to the

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

and that the vacancies which are in existence and which arise

during the currency of the ranked list are liable to be reported for

appointment from the list.

WP(C).No.8083 OF 2021(I)

4. It is submitted by the learned Standing Counsel appearing

for the respondents that there are 30 vacancies available and that

the vacancies will be reported as and when the code of conduct for

the conduct of the Legislative Assembly Elections is withdrawn. The

learned counsel for the petitioners submit that the petitioners have

pointed out that there are 50 vacancies available.

Having considered the contentions advanced, this writ

petition is disposed of with a direction to the respondents to report

the 30 vacancies which are admittedly available to the Recruitment

Board for appointment from Ext.P2 list, without delay, within a

period of two months from the date of receipt of a copy of this

judgment. The existing and arising vacancies which are liable to be

reported for appointment from Ext.P2 list, shall also be reported by

the Board as and when they become available.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C).No.8083 OF 2021(I)

APPENDIX PETITIONER'S/S EXHIBITS:

   EXHIBIT P1              TRUE COPY OF NOTIFICATION
                           NO.53/RECT/K.D.R.B/2016 DATED
                           09.07.2018

   EXHIBIT P2              TRUE COPY OF THE TRUE COPY OF SELECT
                           LIST NO.01/2020 DATED 26.02.2020.

   EXHIBIT P3              TRUE COPY OF ORDER DATED 7.10.2020 IN

WP(C)NO.18400/2016 AND CONNECTED CASES.

EXHIBIT P4 TRUE COPY OF RTI COMMUNICATION ISSUED VIDE R.O.C.63/18/ESTT DATED 11.10.2019.