Rajitha Dharmarajan v. Cochin Devaswom Board

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 19TH DAY OF JANUARY 2015/29TH POUSHA, 1936 WP(C).No. 31996 of 2014 (Y) ---------------------------- PETITIONER:

----------- RAJITHA DHARMARAJAN, AGED 29 YEARS D/O.DHARMARAJAN, VADAKKANTHULLY HOUSE, W-4 H 65 TRIPRAYAR.P.O, VALAPAD, THRISSUR DISTRICT.

BY ADV. SRI.S.SHARAN RESPONDENTS:

------------

1. COCHIN DEVASWOM BOARD, ROUND NORTH, SIVASAKATHI BUILDINGS, TRICHUR-680001 REPRESENTED BY ITS SECRETARY.

2. SPECIAL DEVASWOM COMMISSIONER, C D B(COCHIN DEVASWOM BOARD)OFFICE SIVASAKTHI BUILDING, THRISSUR-680001.

3. THE ASSISTANT DEVASWOM COMMISSIONER, C D B (COCHIN DEVASWOM BOARD), THRISSUR GROUP SREEMOLASTHANAM, THRISSUR-680 001.

4. THE DEVASWOM MANAGER, VADAKKUMNATHAN DEVASWOM, THRISSUR GROUP SREEMOLASTHAAM, THRISSUR-680001.

R1-R4 BY ADV. SRI.UNNIKRISHNAN V.ALAPATT, SC, COCHIN DEVASWOM BOARD R BY SRI.KRISHNA MENON, SC, COCHIN DEVASWOM BOARD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 31996 of 2014 (Y) APPENDIX PETITIONER(S)' EXHIBITS:

----------------------- EXT.P1 A TRUE COPY OF THE APPOINTMENT ORDER NO,M1.4667/06 DTD.24/12/2007 ISSUED BY THE IST RESPONDENT EXT.P2 A TRUE COPY OF THE ORDER DTD.21/11/1987 SHOWING THE PERCENTAGE OF RESERVATION FOR THE CONTINGENT EMPLOYEE UNDER THE IST RESPONDENT EXT.P3 A TRUE COPY OF THE RELAVANT DOCUMENT TO SHOW AND PROVE THAT THE PETITIONER HAD PASSED THE EXAMINATION EQUIVALENT TO THAT OF SSLC EXT.P4 A TRUE COPY OF THE NOTIFICATION DATED 1/2/1988 REGARDING RECRUITMENT POLICY OF THE IST RESPONDENT .

EXT.P5 A TRUE COPY OF THE RELEVANT EXTRACT OF THE SENIORITY LIST OF ESTABLISHMENT IN COCHIN DEVASWOM BOARD,THOSE WHO WERE APPOINTMENT BY THIS PROCESS WITHOUT PROPER SANCTION FROM THE CONCERNED AUTHORITIES OF IST RESPONDENT EXT.P6 A TRUE COPY OF THE APPLICATION DTD.25/1/2010 FILED BY THE PETITIONER BEFORE THE SECRETARY TO THE IST RESPONDENT EXT.P7 A TRUE COPY OF THE LIST OF 18 EMPLOYEES WHO WERE SUBSEQUENTLY IN SERVICE OF IST RESPONDENT DTD.19/12/2013 EXT.P8 A TRUE COPY OF THE REPRESENTATION DATED 30/3/2011 FILED BY PETITIONER TO THE 2ND RESPONDENT EXT.P9 A TRUE COPY OF THE RELEVANT EXTRACT OF THE DAILY WAGE WORKERS WHO WERE SUBSEQUENTLY ABSORBED IN THE REGULAR SERVICE OF IST RESPONDENT.

RESPONDENT(S)' EXHIBITS:NIL True Copy/ P A to Judge

A.MUHAMED MUSTAQUE, J.

========================= W.P(C).No.31996 of 2014 ============================ Dated this the 19th day of January, 2015

JUDGMENT

Petitioner is presently working as Sweeper in Sree Vadakumnathan Temple under the Cochin Devaswom Board. Petitioner submits that she is entitled for promotion to the next higher post of clerical cadre. However, without considering petitioner for promotion, tentative steps are being taken to appoint persons directly to the post as per Ext.P4. Petitioner submits that as per the existing regulations, present feeder categories are also entitled for promotion to the higher post. It seems that petitioner has approached the authorities in the year 2010 and 2011. 2.

In the facts and circumstances, I am of the view that petitioner shall make fresh request before the second respondent within a period of two weeks from the date of receipt of a copy of this judgment. Thereupon, the second respondent shall take appropriate decision in the matter within a further period of two months. The Writ Petition is disposed of.

Sd/- A.MUHAMED MUSTAQUE, JUDGE.

Sbna/20/01/15