Kerala High Court
Travancore Devaswom Board vs Deputy Examiner For Local Fund ... on 2 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
WEDNESDAY, THE 2ND DAY OF MARCH 2022 / 11TH PHALGUNA, 1943
DBA NO. 1 OF 2022
PETITIONER:
TRAVANCORE DEVASWOM BOARD
TRAVANCORE DEVASWOM HEAD QUARTERS, NANTHANCODE,
KOWDIAR POST, THIRUVANANTHAPURAM - 695 003,
REPRESENTED BY ITS SECRETARY.
BY SRI.G.BIJU, SC
RESPONDENTS:
1 DEPUTY EXAMINER FOR LOCAL FUND AUDIT
KERALA STATE AUDIT DEPARTMENT, TRAVANCORE
DEVASWOM BOARD AUDIT, TRAVANCORE DEVASWOM HEAD
QUARTERS, NANTHANCODE, KOWDIAR POST,
THIRUVANANTHAPURAM.
2 THE KERALA DEVASWOM RECRUITMENT BOARD,
REPRESENTED BY ITS SECRETARY, TRAVANCORE
DEVASWOM BOARD BUILDING, M.G. ROAD, AYURVEDA
COLLEGE JUNCTION, THIRUVANANTHAPURAM, PIN-
695001
*IS SUO MOTU IMPLEADED AS ADDL R2 VIDE ORDER
DATED 22/02/2022 IN DBA 1/2022.
R1 BY SRI.RAJAGOPAL, SR.GOVT.PLEADER
ADDL.R2 BY ADV SRI.V.V.NANDAGOPAL NAMBIAR
THIS DEVASWOM BOARD APPLICATION HAVING COME UP FOR
ADMISSION ON 02.03.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
-2-
DBA NO. 1 OF 2022
JUDGMENT
Anil K. Narendran, J.
This is an application filed by Travancore Devaswom
Board seeking an order to accord sanction for extension of the
contract period of Sri.S.Lenin Das, Sri.Dhanu S. Krishnan and
Sri.Binu C.J., Assistant Engineers (Electrical) and
Sri.S.Prasobh, Smt.Swathi. A.U., Sri.Manu Madhavan and
Sri.S.Vishnu, First Grade Overseers (Electrical), till regular
appointments are made pursuant to Annexures A2 and A3
notifications dated 12.01.2022 issued by the additional 2 nd
respondent Kerala Devaswom Recruitment Board, after giving
break of one day after 179 days, if their service is required
beyond 179 days, on existing terms and conditions.
2. By Annexure A4 order dated 09.11.2021 in DBA
Nos.11 and 13 of 2021, this Court permitted the Board to
extend the term of contract appointment of the persons
referred to in Annexure A5 proceedings dated 06.07.2021 in
DBP No.11 of 2021 and Annexure A3 proceedings dated
04.08.2021 in DBP No.13 of 2021, for a period of 179 days
from the date of expiry of their term of appointment, after
DBA NO. 1 OF 2022
giving a break of one day, as sought for in those proceedings
dated 06.07.2021 and 04.08.2021 respectively, subject to the
condition that, no further extension of their term of contract
appointment will be granted. Paragraphs 5 to 7 of the said
order read thus;
"5. During the course of arguments, the submission
made by the learned Standing Counsel for Travancore
Devaswom Board is that the vacancies in the post of
Assistant Engineer (Electrical) has already been
reported to the Kerala Devaswom Recruitment Board
and that, steps are being taken to report the
vacancies in the post of First Grade Overseer
(Electrical) to the Recruitment Board. The learned
Standing Counsel would point out that, twice this
Court granted permission to the Board to extend the
term of contract appointments of Assistant Engineers
(Electrical) and First Grade Overseers (Electrical), for
179 days each, considering the fact that their services
are inevitable for the electrical maintenance works and
for scrutinising estimate, auditing of work bills, etc.
6. Having considered the submissions made by the
learned Standing Counsel for Travancore Devaswom
Board and also the learned Senior Government
Pleader for Local Fund Audit, we find that the term of
contract appointment of these persons have already
been extended twice for 179 days each, after their
initial term of appointment for 179 days. Merely for
DBA NO. 1 OF 2022
the reason that they were selected pursuant to
Annexure A7 notification dated 14.11.2019, their term
of contract appointment cannot be extended till
regular hands are appointed as Assistant Engineers
(Electrical) and First Grade Overseers (Electrical)
through the Kerala Devaswom Recruitment Board,
when their initial appointment on contract basis was
only for a period of 179 days.
7. Considering the fact that disengagement of
persons, who are holding the above posts on contract
basis, during Mandala Makaravilakku Festival season,
will have an adverse impact on the execution of
maintenance works, etc., in the Electrical Wing of the
Devaswom, we deem it appropriate to extend the
term of contract appointment of the persons referred
to in Annexure A5 proceedings dated 06.07.2021 in
D.B.P.No.11 of 2021 and Annexure A3 proceedings
dated 04.08.2021 in D.B.P.No.13 of 2021, for period of
179 days from the date of expiry of their term of
appointment, after giving a break of one day, as
sought for in Annexures A5 and A3, subject to the
condition that, no further extension of their term of
contract appointment will be granted."
(underline supplied)
3. In view of the specific condition stipulated in
Annexure A4 order that the extension of their term of
appointment, after giving break for one day as sought for in
DBA NO. 1 OF 2022
proceedings dated 06.07.2021 and 04.08.2021 respectively, is
subject to the condition that no further extension of their term
of contract appointment will be granted, the applicant cannot
file this DBA seeking further extension of their term of
contract appointment.
In such circumstances, this DBA is dismissed for the
aforesaid reason.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE
AV/5/3
DBA NO. 1 OF 2022
APPENDIX OF DBA 1/2022
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE REPORT NO.CE(G)/ESTT-
IV/GL/2021/03 DATED 04/01/2022
PREPARED BY CHIEF ENGINEER (GENERAL),
TRAVANCORE DEVASWOM BOARD.
Annexure A2 TRUE COPY OF THE NOTIFICATION
NO.1663/R1/2021/K.D.R.B. DATED
12/01/2022 INVITING APPLICATION FOR
THE POST OF ASSISTANT ENGINEER
(ELECTRICAL) (CATEGORY NO.04/2022]
ISSUED BY THE KERALA DEVASWOM
RECRUITMENT BOARD.
Annexure A3 TRUE COPY OF THE NOTIFICATION,
NO.1663/R1/2021/K.D.R.B DATED
12/01/2022 INVITING APPLICATION FOR
THE POST OF OVERSEER (ELECTRICAL)
(CATEGORY NO.05/2022) ISSUED BY THE
KERALA DEVASWOM RECRUITMENT BOARD.
Annexure A4 TRUE COPY OF THE ORDER DATED
09/11/2021 IN DBA 11 & 13 OF 2021.
Annexure A5 TRUE COPY OF THE PROCEEDINGS OF THE
TRAVANCORE DEVASWOM BOARD DATED
28/01/2022.
