Travancore Devaswom Board ... vs The Travancore Devaswom Board
2021 Latest Caselaw 8550 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

             THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR

                                   &

               THE HONOURABLE MR.JUSTICE N.NAGARESH

     MONDAY, THE 15TH DAY OF MARCH 2021 / 24TH PHALGUNA, 1942

              RP.No.584 OF 2020 IN WP(C). 34863/2019

 AGAINST THE JUDGMENT DATED 18.12.2019 IN WP(C) 34863/2019(G) OF
                      HIGH COURT OF KERALA


REVIEW PETITIONER/PETITIONER:

             TRAVANCORE DEVASWOM BOARD EMPLOYEES FRONT,
             HEAD OFFICE, NANTHANCODE,
             THIRUVANANTHAPURAM-695 003,
             REPRESENTED BY ITS GENERAL SECRETARY
             N PREMKUMAR, S/O K.N. NARAYANAN NAIR, AGED 51

             BY ADV. SRI.K.R.SUNIL

RESPONDENTS/RESPONDENTS:

      1      THE TRAVANCORE DEVASWOM BOARD,
             HEAD OFFICE, NANTHANCODE,
             THIRUVANANTHAPURAM-695 003.
             REPRESENTED BY ITS SECRETARY

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

      3      THE SECRETARY,
             TRAVANCORE DEVASWOM BOARD,
             NANTHANCODE, THIRUVANANTHAPURAM - 695 003.

      4      THE KERALA DEVASWOM RECRUITMENT BOARD,
             THIRUVANTHANCORE DEVASWOM BOARD BUILDING,
             M.G.ROAD, AYURVEDA COLLEGE JN.,
             THIRUVANANTHAPURAM, PIN - 695 001,
             REP. BY ITS SECRETARY.

             BY SHRI.G.BIJU, SC, TRAVANCORE DEVASWOM BOARD

     THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 15.03.2021,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 RP.No.584/2020

                                   2




                               ORDER

Dated this the 15th day of March, 2021

Ravikumar, J.

On consent of the parties, the review petition was taken

up for consideration. The petitioner seeks a review of judgment

dated 18.12.2019 in W.P.(C) No.34863 of 2019.

2. In fact, the petitioner seeks variation in observations

made in paragraph 5 in Annexure-1 judgment regarding the locus

standi of the petitioner organisation. A perusal of paragraph 5 will

reveal that as per the judgment, this Court considered only the

question of locus standi of the petitioner organisation to challenge

against Exts.P6 and P7, which are respectively notifications dated

27.11.2019 published by the 4th respondent.

3. After perusal of Rule 6, this Court held that the said RP.No.584/2020

provision cannot be understood as one conferring a right on the

petitioner organisation to challenge the notification inviting

applications for appointment to the post of Peon and Strong

Room Guards. The other two questions were also posed in the

following manner:

"How can it be said that it is an issue concerning the

welfare of the employees of the Board or Section of them?

How can such a provision cast obligation on TDB to

consult the petitioner organisation on matters relating

recruitment against existing vacancies in any particular

category of its employees?"

4. It is those questions that were to answered in the

negative, as per the judgment sought to be reviewed. Taking

note of the nature of finding based on Rule 6, we do not find

any reason to delete the observations now, sought to be

deleted as they in no way would take away the otherwise are

available rights of the petitioner organisation.

In the said circumstances, the review petition stands RP.No.584/2020

closed with the said observation as the petitioner has failed to

bring out any error apparent on the face of the record, as

relates the judgment dated 18.12.2019 in W.P.(C)

No.34863/2019 warranting invocation of the review powers.

Sd/-

C.T. RAVIKUMAR, JUDGE

Sd/-

N. NAGARESH, JUDGE SR RP.No.584/2020

APPENDIX PETITIONER'S EXHIBITS:

ANNEXURE A1 THE CERTIFIED COPY OF JUDGMENT DATED 18/12/2019 IN W.P.(C) NO.34863/2019.

ANNEXURE A2 THE TRUE COPY OF THE JUDGMENT DATED 20/01/2020 IN W.P.(C) NO.34451/2018.

ANNEXURE A3 THE TRUE COPY OF THE JUDGMENT DATED 14/06/2019 IN W.P.(C) NO.14189/2019.

ANNEXURE A4 THE TRUE COPY OF THE JUDGMENT DATED 06/03/2019 IN W.P.(C) NO.38629/2018.

ANNEXURE A5 THE TRUE COPY OF THE JUDGMENT DATED 16/11/2018 IN W.P.(C) NO.30496/2018.

ANNEXURE A6 THE TRUE COPY OF THE JUDGMENT DATED 28/02/2019 IN W.P.(C)NO.5911/2019.

ANNEXURE A7 THE TRUE COPY OF THE JUDGMENT DATED 19/09/2018 IN W.P.(C) NO.30154/2018.

ANNEXURE A8 THE TRUE COPY OF THE JUDGMENT DATED 27/11/2019 IN W.P.(C) NO.32116/2019.

ANNEXURE A9 THE TRUE COPY OF THE JUDGMENT DATED 03/07/2019 IN W.P.(C) NO.17131/2019.