Citation : 2021 Latest Caselaw 21097 Ker
Judgement Date : 20 October, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
Wednesday, the 20th day of October 2021 / 28th Aswina, 1943
WA NO. 1294 OF 2021
AGAINST JUDGMENT DATED 03.09.2021 IN WP(C) 12476/2021 OF THIS COURT.
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APPELLANT/APPELLANT:
NANDAGOPAN,AGED 26 YEARS,S/O. GOPAKUMAR,SREEPADMAM,
OPPOSITE TO MAHADEVA TEMPLE, KATTAKKADA,
THIRUVANANTHAPURAM, PIN -695 572.
BY ADVS.M/S.GOPAKUMAR R.THALIYAL & M.S.VIJAYACHANDRA BABU
RESPONDENTS/RESPONDENTS:
1.TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM,
PIN- 695 004,REPRESENTED BY ITS SECRETARY.
2.THE COMMISSIONER,TRAVANCORE DEVASWOM BOARD,
NANTHANCODE,THIRUVANANTHAPURAM,PIN - 695 004
3.SMT.CHINJU PRABHA L.,W/O.DHANESH,DHANESH BHAVANAM,ERICKAVU,
KARTHIKAPPALLY (P.O.), ALAPPUZHA DISTRICT, PIN - 690 516.
BY SRI.G.BIJU, STANDING COUNSEL FOR R1 & R2.
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum the High Court be pleased to
pass an interim order, staying all further proceedings pursuant to Exhibit
P6, pending final disposal of this Writ Appeal.
This Writ Appeal coming on for orders along with connected case on
20/10/2021 upon perusing the appeal memorandum, the court on the same day
passed the following:
P.T.O.
`
EXT.P6: TRUE COPY OF THE ORDER ISSUED BY THE 1ST RESPONDENT
DATED 21.04.2021.
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ALEXANDER THOMAS & VIJU ABRAHAM, JJ.
===================================
W.A. No. 1297 of 2021 &
(arising out of the Judgment dated 03.09.2021 in WP(C) No.5835/2021)
W.A. No. 1294 of 2021
(arising out of the Judgment dated 03.09.2021 in WP(C) No.12476/2021)
=========================================
Dated this the 20th day of October, 2021
ORDER
Sri. G.Biju, learned counsel appearing for the respondent
Travancore Devaswom Board seeks some more time to get instructions
on the points covered by this Court in the order dated 07/10/2021 in
these cases. Further both sides would apprise this Court as to whether
the Rules regulating compassionate appointment under the respondent
Travancore Devaswom Board confers eligibility even for married
daughter for consideration of compassionate appointment and also to
furnish the date of birth of the contesting respondent - Smt. Chinchu
Prabha and as to whether she was a major as on the date of death of the
deceased employee, as to the date of her marriage and as to the
occupation and income of her husband etc. If there has been any
amendment of Rules, then copy of the amendments made to the Rules
should be made available. It has to be clarified whether such
amendments have been given retrospective effects and if so, when ? and
also copy of the Rules as well as amendments to the Rules, shall be
made available for the perusal of this Court.
2. The Registry will place on record, a copy of the judgment of W.A. No. 1297 of 2021
the Apex Court, rendered on 13/09/2021 in Civil Appeal No.
5122/2021 in this case file, for the perusal of this Court.
3. The respondent Travancore Devaswom Board will ensure
that the statement may be filed on their behalf to furnish the necessary
clarification and instructions upon these said aspects, well before the
next posting date.
List this case in the admission list on 05/11/2021.
Sd/-
ALEXANDER THOMAS JUDGE
Sd/-
VIJU ABRAHAM JUDGE Nsd
20-10-2021 /True Copy/ Assistant Registrar
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