Court rejected petitioners' claim for permanency in Chali Narayana Temple employment, noting temple assumption by Travancore Devaswom Board. Petitioners to continue working on ad-hoc basis without regularisation as per Board decision.
Petitioners to continue work on ad-hoc basis; not to be absorbed into regular service.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN &
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
WEDNESDAY, THE 1ST DAY OF AUGUST 2012/10TH SRAVANA 1934
WP(C).No. 16711 of 2012 (L)
PETITIONER(S):
2. INDIRA, W/O.LATE HARILAL, RAHUL BHAVAN, ARYATTU HOUSE, THANEERMUKKAM.
3. RAJEEV,S/O.NARAYANAN NAMBOOTHIRI, SREEGIRI, ARYATTU HOUSE, THANEERMUKKAM.
4. JAYALEKSHMI,D/O.LATE MADHAVA PANICKER, PUNNEKKATTU, ARYATTU HOUSE, THANEERMUKKAM.
5. GIRISH VISHNU, S/O.SANKARAN NAMBOOTHIRI, SREEGIRI,
ARYATTU HOUSE, THANEERMUKKAM.
BY ADVS.SRI.A.T.ANILKUMAR SMT.V.SHYLAJA
RESPONDENT(S):
--------------------------1. TRAVANCORE DEVASWOM BOARD, REP.BY ITS SECRETARY, TRIVANDRUM, PIN - 695 001.
2. THE TRAVANCORE DEVASWOM BOARD,
3. ASSISTANT DEVASWOM COMMISSIONER,
4. SUB GROUP OFFICER,
5. DEVASWOM OFFICER,
BY ADV. SRI.G.BIJU,SC,TRAVANCORE DEVASWOM BOARD BY ADV. SRI.P.GOPAL
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01-08-2012 ALONG WITH WPC.NO.18076 OF 2012 AND WPC.NO.18085 OF 2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Kss
WPC.NO.16711/2012 L
APPENDIX
PETITIONER'S EXHIBITS:
| EXHIBITS P1. THE TRUE COPY OF THE JUDGMENT IN WPC NO.204/2009 BEFORE THE HON'BLE HIGH COURT OF KERALA. |
|---|
| EXHIBITS P2. THE TRUE COPY OF THE JUDGMENT IN O.S.NO.6/99 OF DISTRICT COURT, ALAPPUZHA. |
| EXHIBITS P3. THE TRUE COPY OF THE LETTER FOR TAKING CHARGE OF THE TEMPLE. |
| EXHIBITS P4. THE TRUE COPY OF THE MAHAZAR PREPARED ON 12.06.2012. |
| EXHIBITS P5. THE TRUE COPY OF THE LETTER APPOINTING ONE MADUSOODHANAN POTTI. |
| EXHIBITS P6. THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER. |
| EXHIBITS P7. THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 2ND PETITIONER. |
| EXHIBITS P8. THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 3RD PETITIONER. |
| EXHIBITS P9. THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 4TH PETITIONER. |
| EXHIBITS P10. THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 5TH PETITIONER. |
RESPONDENTS' EXHIBITS:
N I L
/TRUE COPY/
P.A.TO JUDGE
Kss
THOTTATHIL B.RADHAKRISHNAN
&
K.VINOD CHANDRAN, JJ.
W.P(C).Nos.16711, 18076 & 18085 of 2012
Dated this the 1st day of August, 2012
JUDGMENT
Thottathil B.Radhakrishnan,J.
The petitioners in these writ petitions claim that they were working and discharging duties and responsibilities in Chali Narayana Temple. They were just working having regard to the needs of the temple. We do not find any right in them to claim permanency for employment. This is all the more so because the temple has now been subjected to assumption by the TDB in accordance with the provisions of the Travancore-Cochin Hindu Religions Institutions Act. That order has been approved by the District Court. The assumption has been enforced on 18.6.2012 and has been implemented with effect from 1.7.2012.
2
WPC.16711/12 & con. cases
In the aforesaid circumstances, all that the petitioners can ask for is that they should not be left high and dry and should be permitted to continue to work in the present terms. For this, the Board has already taken a decision that they would not be absorbed into regular service or regularised in the Board's service, however that they will be continued to work under the present arrangement on adhoc basis. We record this submission on behalf of the Board and order the writ petitions accordingly.
Sd/THOTTATHIL B.RADHAKRISHNAN Judge.
Sd/K.VINOD CHANDRAN Judge. kkb.7/8.
2 issues framed by the court
Whether petitioners working in a temple have a right to claim permanency for employment after the temple is assumed by the Travancore Devaswom Board.
Whether petitioners can continue to work under the present arrangement after assumption by the Board.
1 provisions across 1 enactments
Rajamony.P.
In lndra
Rajeev
Jayalekshmi
Girish Vishnu
Travancore Devaswom Board
Thottathil B.Radhakrishnan
K.Vinod Chandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
