Sudhakumari vs Malabar Devaswom Board
2023 Latest Caselaw 3967 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                   THE HONOURABLE MR.JUSTICE N.NAGARESH
         THURSDAY, THE 30TH DAY OF MARCH 2023 / 9TH CHAITHRA, 1945
                         WP(C) NO. 11367 OF 2023
PETITIONER:

              SUDHAKUMARI
              AGED 48 YEARS
              W/O.LATE CHIDANANDA, KAJAMANA, ELAMBULASSERI PO,
              PALAKKAD DISTRICT, PIN - 678595
              BY ADVS.
              K.MOHANAKANNAN
              H.PRAVEEN (KOTTARAKARA)


RESPONDENTS:

     1        MALABAR DEVASWOM BOARD
              HOUSEFED COMPLEX, ERANJIPALAM,
              KOZHIKODE - REPRESENTED BY SECRETARY, PIN - 673006
     2        THE COMMISSIONER,
              MALABAR DEVASWOM BOARD , HOUSE FED COMPLEX, ERANHIPALAM,
              KOZHIKODE -, PIN - 673006
     3        THE ASSISTANT COMMISSIONER
              MALABAR DEVASWOM BOARD, CIVIL STATION PALAKKAD-,
              PIN - 678001
     4        THE EXECUTIVE OFFICER,
              NALUSSERI BHAGAVATHI DEVASWOM, ELAMBULASSERY PO,
              PALAKKAD DISTRICT-, PIN - 678595
     5        THE CHAIRMAN
              NALUSSERI BHAGAVATHI DEVASWOM, ELAMBULASSERY PO,
              PALAKKAD DISTRICT-, PIN - 678595

              SRI.R.LAKSHMI NARAYAN(SC) - R1 TO R3
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.11367 OF 2023
                                    2


                            JUDGMENT

Dated this the 30th day of March, 2023

The petitioner, who is widow of a Santhi of Nalusseri

Bhagavathi Devaswom, is before this Court seeking to direct

respondents 4 and 5 to appoint the petitioner as Clerk in

Nalusseri Bhagavathi Devaswom Temple under the

compassionate employment Scheme.

2. The petitioner states that she is widow of a Santhi,

who died on 31.12.2021. The petitioner has been given

compassionate appointment on daily wages as a Kazhakam.

According to the petitioner, there is no post of Kazhakam

under the Devaswom. However, the petitioner is doing the

duty.

3. The petitioner states that as the petitioner is

appointed against a non-existing post, her employment is not

secured. There is a vacancy of Vazhipadu Clerk arising on

25.04.2023. The petitioner satisfies all the qualifications WP(C) NO.11367 OF 2023

prescribed for appointment to the post. She has submitted

Ext.P2 representation before the 2nd respondent seeking

appointment as Vazhipadu Clerk. Unless Ext.P2 is considered

and orders passed before 25.04.2023, the petitioner will be put

to untold hardship.

4. Standing Counsel entered appearance on behalf of

respondents 1 to 3 and resisted the writ petition. The Standing

Counsel denied all the allegations made by the petitioner in

the writ petition. However, as regards Ext.P2, the Standing

Counsel submitted that if Ext.P2 representation has been

received, the same can be considered by the 2nd respondent,

in accordance with law.

5. I have heard the learned counsel for the petitioner

and the learned Standing Counsel representing respondents 1

to 3.

6. The grievance of the petitioner is that the petitioner

has been granted compassionate appointment against a non-

existing post and hence there is no security for her WP(C) NO.11367 OF 2023

employment. The petitioner has therefore requested the 2 nd

respondent to appoint her against a vacancy of Vazhipadu

Clerk arising on 25.04.2023.

7. In the circumstances, I am of the opinion that the

2nd respondent shall consider Ext.P2 representation and take

appropriate decision thereon, in accordance with law.

The writ petition is therefore disposed of directing the 2 nd

respondent to consider Ext.P2 representation submitted by the

petitioner for appointment against the post of Vazhipadu Clerk

on compassionate grounds as expeditiously as possible and at

any rate on or before 25.04.2023, after giving an opportunity of

hearing to the petitioner and respondents 4 and 5.

sd/-

N.NAGARESH JUDGE hmh WP(C) NO.11367 OF 2023

APPENDIX OF WP(C) 11367/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PROCEEDINGS OF THE TRUSTEE BOARD DATED 26-11-2022 Exhibit P2 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT ON 17-3-2023 Exhibit P3 TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 3RD RESPONDENT ON 17-3-2023 Exhibit P4 TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 4TH RESPONDENT RESPONDENT'S EXHIBITS : NIL