Veena.V. Nair vs Travancore Devaswom Board
2023 Latest Caselaw 9914 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
         THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
     MONDAY, THE 18TH DAY OF SEPTEMBER 2023 / 27TH BHADRA, 1945
                       WP(C) NO. 29493 OF 2023
PETITIONER/S:

    1     VEENA.V. NAIR
          AGED 46 YEARS
          D/O VIKRAMAN NAIR, MANU BHAVAN, PULLUVILAKATHU, PUTHEN
          VEEDU, ANAMON, KOOVALASSERY.P.O., THIRUVANANTHAPURAM
          DISTRICT, PIN - 695512
    2     VIPIN KUMAR
          KARTHIKA, EDASSERIMALA, ARANMULA.P.O., PATHANAMTHITTA,
          PIN - 689533
    3     SHINY
          AGED 46 YEARS
          VALALIL HOUSE, KADUTHURUTHY.P.O., KADUTHURUTHY VILLAGE,
          KOTTAYAM DISTRICT, PIN - 686604
    4     R. SUNITHA KUMARI
          AGED 51 YEARS
          PAVITHRAM, MALI BHAGAM, CHAVARA SOUTH.P.O., KOLLAM, PIN
          - 691584
    5     REMA DEVI.N.
          SIVASAKTHI, BHASKAR NAGAR, KUNNAMKARAM, ARUNAKARA.P.O.,
          THIRUVANANTHAPURAM, PIN - 695564
    6     T.R. RENJUSHA
          D/O RAMACHANDRAN NAIR, ASWATHY BHAVAN, KALLIYOOR,
          PALLICHAL.P.O., THIRUVANANTHAPURAM, PIN - 695020
    7     VISHNU PRAKASH
          AGED 33 YEARS
          S/O V. JAYAPRAKASH, JAYA MANDIRAM, KERA H 2,
          KERALADITYAPURAM, POUDIKONAM.P.O., THIRUVANANTHAPURAM,
          PIN - 695587
    8     AJITHA.C.
          AGED 38 YEARS
          D/O VIKRAMAN NAIR.D., D.P. VILASOM, ORIYARIKONAM,
          KARIPPOOR.P.O., NEDUMANGAD, THIRUVANANTHAPURAM, PIN -
          695541
    9     VIVEK POTTY.V.
          AGED 31 YEARS
          S/O S. VISHNUMOORTHY POTTY, MAKAM, VENGANOOR STREET,
          PONNAMOODU, PALLICHAL.P.O., THIRUVANANTHAPURAM, PIN -
          695020
    10    NANDA GOPAN
          AGED 28 YEARS
          S/O N. GOPAKUMAR (LATE), PRAGATHI, PAITHRIKA GARDENS,
          KERAMTATTUKONAM, CHANTHAMUKKU, PEYAD.P.O.,
          THIRUVANANTHAPURAM, PIN - 695573
 WP(C) NO. 29493 OF 2023

                                2
    11    SABITHA.R.J.
          AGED 49 YEARS
          RAJASREE ILLOM, THYCATTUSSERY.P.O., CHERTHALA,
          ALAPPUZHA, PIN - 688528
    12    RENJITH.K.L.
          TC 36/553, ELANJIPURATHU VEEDU, ERA - 62, PERUMTHANNI,
          VALLAKADAVU.P.O., THIRUVANANTHAPURAM, PIN - 695008
    13    VIJESH.V. KUMAR
          AGED 38 YEARS
          MUNDUPOIKAVILA VEEDU, AMBIPOIKA.P.O., PERUMPUZHA,
          KUNDARA, KOLLAM, PIN - 691501
          BY ADV D.AJITHKUMAR

RESPONDENT/S:

    1     TRAVANCORE DEVASWOM BOARD
          REPRESENTED BY ITS SECRETARY, TRAVANCORE DEVASWOM
          HEAD QUARTERS, NANTHANCODE, KOWDIAR POST,
          THIRUVANANTHAPURAM, PIN - 695003
    2     DEVASWOM COMMISSIONER
          TRAVANCORE DEVASWOM BOARD, TRAVANCORE DEVASWOM
          HEAD QUARTERS, NANTHANCODE, KOWDIAR POST,
          THIRUVANANTHAPURAM, PIN - 695003
OTHER PRESENT:

         SC- SRI G BIJU


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 29493 OF 2023

                                            3


                                      JUDGMENT

The petitioners state that they are working under the service of the

Travancore Devaswom Board based on Ext.P1 appointment under the

Compassionate Appointment Scheme. They are before this court seeking the

following reliefs:-

i)To issue a Writ of Mandamus or any other appropriate writ, order or direction commanding the respondents to retain the petitioners in service, under the 1st respondent, till regular appointments are made in the vacancies occurred therein, as a consequence of implementation of Ext P2 judgment and stay all further actions of termination of petitioners from service, forthwith considering the peculiar facts and circumstances of the case under consideration ii. To issue a Writ of Mandamus or any other appropriate writ, order or direction commanding the 1st and 2nd respondents to consider the grievances projected by the petitioners in Ext P3 representation submitted to the 2nd respondent and pass appropriate orders therein, in Ext P3 and identical representations submitted by other petitioners also.

iii. Considering the exigencies and necessity for urgent consideration of the grievance voiced in this Writ Petition, production of English translations of documents in vernacular, may kindly be dispensed with for the time being;

iv. Direct the respondents to pay the cost of this proceedings;

2. The learned counsel appearing for the petitioner submitted that Ext.P3

is a representation filed by the 1st petitioner, and similar representations have been

filed by other petitioners as well. The learned counsel requests that the petitioner

would be satisfied if an appropriate decision is taken by the respondents.

3. The learned Standing counsel appearing for the Devaswom Board WP(C) NO. 29493 OF 2023

points that identical issues were considered by a Division Bench of this court, and

by judgment dated 22.06.2023 in DBP No.11/2021, it was held that any

appointment made in contravention of the statutory rules would be void ab initio

irrespective of any class of the post or the person occupying it. It was also held

that if any person has been appointed under the compassionate appointment in

contravention of the scheme in force governed by Rules/ Regulations/Instructions,

which prescribe a specified quota for compassionate appointment, any appointment

made in excess of that quota would be void ab initio, and will not confer any right

whatsoever on the person so appointed. The learned Standing counsel also submits

that a decision on the representation can be taken in tune with the directions

issued by the Division Bench.

4. In that view of the matter, without expressing any opinion on the

merits of the contention raised by the petitioners, this writ petition is disposed of

directing the competent among respondents 1 and 2 to take up Ext.P3 and similar

other representations filed by the petitioners herein and take a decision strictly in

tune with the directions issued by this Court in Exhibit P2 judgment. Orders shall be

passed with notice to the petitioners within a period of six weeks from the date of

receipt of a copy of this judgment.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE SJ WP(C) NO. 29493 OF 2023

APPENDIX OF WP(C) 29493/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER ROC NO.1310/86/ESTA A DATED 21-11-2017 ISSUED BY THE 2ND RESPONDENT Exhibit P2 TRUE COPY OF THE JUDGMENT DATED 22-06-2023 IN DBP NO.11 OF 2021 OF THE HON'BLE HIGH COURT OF KERALA Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED 14-08-2023 SUBMITTED BY THE 1ST PETITIONER BEFORE THE BOARD PRESIDENT, TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM