Sivadas M.R vs Cochin Devaswom Board
2024 Latest Caselaw 32544 Ker

Kerala High Court

Sivadas M.R vs Cochin Devaswom Board on 11 November, 2024

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W.P.(C)Nos.17190 of 2020 and 22569 of 2020

                                                        2024:KER:85296



              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                        PRESENT

         THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON

MONDAY, THE 11TH DAY OF NOVEMBER 2024 / 20TH KARTHIKA, 1946

                          WP(C) NO. 17190 OF 2020

PETITIONERS:

1             SIVADAS M.R.,
              AGED 54 YEARS, S/O. RAMAN NAIR,
              VAZHELIL VEEDU, PUTHIYEDAM, KANJOOR P.O.,
              THRISSUR DISTRICT, PIN-683 575
2             REMA V.T.,
              MUTHURUTHI PARAMBIL HOUSE,
              KANATTUKARA P.O., KERALA VARMA GARDENS,
              THRISSUR-680 011
3             BIJI.M.K.,
              MUREEKKALPARAMBIL HOUSE,
              CHOTTANIKKARA P.O., AYYANKUZHI,
              ERNAKULAM DISTRICT, PIN-682 312

              BY ADVS.
              S.KARTHIKA
              SMT.PREETHY KARUNAKARAN
              SMT.K.MEERA

RESPONDENTS:

1             COCHIN DEVASWOM BOARD
              REP BY ITS SECRETARY, OFFICE OF THE COCHIN
              DEVASWOM BOARD, TRISSUR, PIN-680 001
2             SPECIAL DEVASWOM COMMISSIONER,
              COCHIN DEVASWOM BOARD, OFFICE OF THE COCHIN
              DEVASWOM BOARD, THRISSUR, PIN-680 001
3             KERALA DEVASWOM RECRUITMENT BOARD,
              REP BY ITS SECRETARY, OFFICE OF THE
              KERALA DEVASWOM RECRUITMENT BOARD,
                                     2

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              TRIVANDRUM, PIN-695 001

              BY ADVS.
              K.P.SUDHEER
              SRI.V.V.NANDAGOPAL NAMBIAR
              SMT.SONY K.B. - GP.


       THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
11.11.2024, ALONG WITH WP(C).22569/2020, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
                                     3

W.P.(C)Nos.17190 of 2020 and 22569 of 2020

                                                       2024:KER:85296

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                        PRESENT

         THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON

MONDAY, THE 11TH DAY OF NOVEMBER 2024 / 20TH KARTHIKA, 1946

                          WP(C) NO. 22569 OF 2020

PETITIONERS:

1             P.BALAKRISHNAN
              AGED 52 YEARS, S/O. P.JANAKI AMMA,
              WORKING AS VESSEL CLEANER IN URAKATHAMMA
              THIRUVADI TEMPLE, URAKOM, THRISSUR, RESIDING
              AT KANJAMBATH HOUSE, HARIDAS STREET,
              PUTHOORKKARA, AYYANTHOLE, THRISSUR-680 003

2             BABURAJ.K.,
              AGED 50 YEARS, S/O. GOVINDA WARRIER,
              WORKING AS KAZHAKOM AT CHEMBUKAVU KARTHYAYANI
              TEMPLE, THRISSUR, RESIDING AT KAVILWARRIAM
              SHASTAM KADAVU, KODANNUR, THRISSUR-680 083

3             RAJINTH.P.,
              AGED 42 YEARS, S/O.RAMANKUTTY NAIR,
              WORKING ADICHUTHALI (SWEEPER) IN THIRUVILWAMALA
              TEMPLE, THRISSUR, RESIDING AT MODAIKKAL HOUSE,
              THIRUVILWAMALA, THRISSUR-680 588

              BY ADVS.
              SREEDEVI KYLASANATH
              SRI.ACHUTH KYLAS
              SRI.R.MAHESH MENON
              SRI.DEAGO JOHN K
              SRI.AMAL DEV C.V.

RESPONDENTS:

1             STATE OF KERALA
              REPRESENTED BY ITS SECRETARY, DEVASWOM
              DEPARTMENT, GOVERNMENT SECRETARIAT,
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W.P.(C)Nos.17190 of 2020 and 22569 of 2020

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              THIRUVANATHAPURAM-695 035

2             COCHIN DEVASWOM BOARD,
              REPRESENTED BY ITS SECRETARY, ROUND
              NORTH, THRISSUR DISTRICT-680001

3             SPECIAL DEVASWOM COMMISSIONER,
              DEVASWOM BOARD BUILDING, ROUND NORTH,
              THRISSUR-680 001

              BY ADV.
              SRI.K.P.SUDHEER, SC
              SRI.JUSTIN JACOB - SR.GP


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 11.11.2024, ALONG WITH WP(C).17190/2020, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
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W.P.(C)Nos.17190 of 2020 and 22569 of 2020

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                HARISANKAR V. MENON, J.
        ------------------------------
       W.P.(C) Nos.17190 of 2020 and 22569 of 2020
        ------------------------------
        Dated this the 11th day of November, 2024

                                  JUDGMENT

These two writ petitions are filed by various employees

working with the respondent Devaswom Board in the category of

sweepers. The petitioners in W.P.(C) No.17190 of 2020 challenge

the orders at Exts.P3 and P6 issued by the respondent Devaswom

Board, by which it was found that the promotion to various posts

in the Devaswom from among those who are already working

would be strictly on seniority basis. The petitioners in W.P.(C)

No.22569 of 2020, on the other hand, seek a direction to the 2nd

respondent Devaswom Board to promote them on the basis of

seniority.

2. I have heard Smt.S.Karthika, the learned counsel for

the petitioners in W.P.(C) No.17190 of 2020, Sri.Mahesh Menon

R., the learned counsel for the petitioners in W.P.(C) No.22569 of

2020, Sri.K.P.Sudheer the learned Standing Counsel for the

Devaswom Board and Sri.V.V.Nandagopal Nambiar, the learned

Standing Counsel for the Kerala Devaswom Recruitment Board.

3. The short issue for consideration in these writ petitions

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is as to the nature of appointment by promotion in the respondent

Devaswom Board. It is to be noticed that Rule 26 of the

Recruitment Rules prescribed the manner of direct recruitment

towards various posts subject to rotation provided thereunder. A

reading of Rule 26 would show that the direct recruitment as

above is pursuant to "an open competition". However, out of the

above, 25% was reserved for employees working in the

respondent Devaswom. In other words, even as against those

reserved 25% category, they were eligible for appointment only

upon competing along with the others. There was no reservation

on seniority provided with reference to Rule 26 referred to above.

Rule 26 is also to be read along with the provisions of Rule 22 of

the Rules. The afore Rules also make it clear that recruitments to

various vacancies against promotion / transfer shall be on the

basis of "additional qualifications". Therefore, a reading of Rule 22

and Rule 26 of the Rules gives a clear picture that no reservation

on the basis of seniority was visualised by the rule-making

authority.

4. It is on the basis of the afore finding, the orders at

Exts.P3/P6 have to be tested. Smt.Karthika, is right in submitting

that Ext.P3 has been issued, followed with Ext.P6, providing that,

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seniority alone shall be the criteria for promotion thereunder.

5. In my opinion, Exts.P3 and P6 to the extent those

orders go against the spirit of Rules 22 and 26 cannot be

sustained. It is also to be noticed that in 2015 also, promotions

were provided to those in service of the Board after they had

participated in interviews carried out by the said Board. This is

also a pointer to the effect that only Rule 22 and Rule 26 were to

govern the field.

6. Sri.Sudheer, on the other hand, invites the attention of

this Court to the proceedings dated 08.10.2021 and 28.10.2023

issued by the Board, as also the draft Rules, framed by the

respondent Board with respect to the promotion to various posts

in the respondent Board. A reading of R2(a) produced along with

I.A.No.1 of 2023 in W.P.(C) No.22569 of 2020 would also show

that the Board has also decided to follow the procedure prescribed

under Rules 22 and 26 of the Rules referred to earlier. Ext.R2(a)

specifically provides that ultimately it is the results of the interview

that will govern the field. However, Ext.R2(a), as of now, has not

been notified with reference to the power under Section 122(2) of

the Travancore-Cochin Hindu Religious Institutions Act (TCHRI

Act) of 1950.

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In such circumstances, I am of the opinion that the captioned

writ petitions can be disposed of as under;

i. Exts.P3 and P6 in W.P.(C) No.17190 of 2020, to the

extent those orders go against the spirit of Rule 22

read along with Rule 26 to the Rules, are set aside.

ii. The respondent Board is directed to act strictly in

accordance with the provisions of the afore Rules

as also the draft Recruitment Rules, which are to

be notified by the Board with reference to the

power available under Section 122 of the TCHRI

Act.

iii. In the light of the judgment of this Court disposing

of 17190 of 2020, I am of the opinion that the

petitioners in W.P.(C) No.22569 of 2020 may not

be entitled for any of the reliefs prayed for in this

writ petition. Resultantly, W.P.(C) No.22569 of

2020 would stand dismissed.

Sd/-

HARISANKAR V. MENON JUDGE anm

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APPENDIX OF WP(C) 17190/2020

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE ORDER DATED 01.01.2015 ISSUED BY THE 1ST RESPONDENT EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED 12.06.2018 IN WPC NO.27283/17 AND 36119/17 PASSED BY THE HON'BLE HIGH COURT OF KERALA EXHIBIT P3 TRUE COPY OF THE ORDER DATED 20.10.18 ISSUED BY THE 1ST RESPONDENT EXHIBIT P4 TRUE COPY OF THE ORDER DATED 27.11.2019 IN D.B.P.24/2019 PASSED BY THIS HON'BLE COURT OF KERALA EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 21.12.2019 FILED BEFORE THE 1ST RESPONDENT BY 2ND PETITIONER EXHIBIT P6 TRUE COPY OF THE ORDER DATED 27.05.20 ISSUED BY THE 1ST RESPONDENT RESPONDENT ANNEXURES/EXHIBITS ANNEXURE R1(A) TRUE COPY OF ORDER NO. M. 5657/2013 DATED 08.10.2021 ISSUED BY THE 1ST RESPONDENT ALONG WITH GUIDELINES EXHIBIT R1(a) TRUE COPY OF ORDER NO. M. 5657/2013 DATED 28.10.2023 ISSUED BY THE 1ST RESPONDENT ALONG WITH GUIDELINES

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APPENDIX OF WP(C) 22569/2020

PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE REPRESENTATION DATED 10.12.2010 SUBMITTED BY THE 1ST AND 2ND PETITIONER TO THE 3RD RESPONDENT EXHIBIT P2 A TRUE COPY OF THE JUDGMENT DATED 09.02.2011 IN W.P.C NO.3210 OF 2011 PASSED BY THIS HON'BLE COURT EXHIBIT P3 A TRUE COPY OF THE REPRESENTATION DATED 09.06.2017 SUBMITTED BY THE 1ST PETITIONER EXHIBIT P4 A TRUE COPY OF THE JUDGMENT DATED 03.07.2018 PASSED BY THIS HON'BLE COURT IN W.P(C) NO.22038 OF 2018 EXHIBIT P5 A TRUE COPY OF THE REPRESENTATION DATED 10.07.2018 SUBMITTED BY THE 1ST AND 2ND PETITIONERS BEFORE THE 2ND RESPONDENT EXHIBIT P6 A TRUE COPY OF THE COMPLAINT SUBMITTED BY THE 3RD PETITIONER BEFORE THE HON'BLE OMBUDSMAN FOR TRAVANCORE AND COCHIN DEVASWOM BOARDS DATED 05.07.2019 EXHIBIT P7 A TRUE COPY OF THE REPLY NO.M4.4527/2012 DATED 28.11.2019 SUBMITTED BY THE 2ND RESPONDENT BEFORE THE HON'BLE OMBUDSMAN FOR TRAVANCORE AND COCHIN DEVASWOM BOARDS EXHIBIT P8 A TRUE COPY OF THE ORDER DATED 29.11.2019 OF HON'BLE OMBUDSMAN FOR TRAVANCORE AND COCHIN DEVASWOM BOARDS IN COMPLAINT NO.141 OF 2019 EXHIBIT P9 A TRUE COPY OF THE ORDER NO.M-5657/13 DATED 27.05.2020 ISSUED BY THE 2ND RESPONDENT Exhibit P10 THE TRUE COPY OF THE SERVICE CONDITIONS DATED 19.07.1974 ISSUED BY THE 2ND RESPONDENT Exhibit P11 THE TRUE COPY OF THE ORDER NO. M 5657/13 DATED 20.10.2018 ISSUED BY THE 2ND RESPONDENT

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Exhibit P12 THE TRUE COPY OF THE JUDGMENT DATED 27.11.2019 PASSED BY THIS HON'BLE COURT RESPONDENT ANNEXURES/EXHIBITS ANNEXURE R2(A) TRUE COPY OF ORDER NO. M. 5657/2013 DATED 08.10.2021 ISSUED BY THE 2ND RESPONDENT ALONG WITH GUIDELINES EXHIBIT R2(a) TRUE COPY OF ORDER NO. M. 5657/2013 DATED 28.10.2023 ISSUED BY THE 2ND RESPONDENT ALONG WITH GUIDELINES