Civil writ petition challenging the Travancore Devaswom Board's rejection of an application for a Melsanthi post. The Court found no error in the Board's application of relevant terms to the petitioner's disciplinary history and unauthorized leave. Writ petition dismissed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR &
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
TUESDAY, THE 8TH DAY OF OCTOBER 2013/16TH ASWINA, 1935
WP(C).No. 24570 of 2013 (U) ----------------------------
PETITIONER :
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N.VISHNU NARAYANAN NAMBOOTHIRI, AGED 38 YEARS SON OF LATE NARAYANAN NAMBOOTHIRI, VISHNU NILAYAM, 352, THATTARAMBALAM P.O., KANDIYOOR, MAVELIKKARA ALAPPUZHA - 690 103.
BY ADVS.SRI.P.B.SAHASRANAMAN SRI.T.S.HARIKUMAR SRI.K.JAGADEESH
RESPONDENTS :
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1. THE TRAVANCORE DEVASWOM BOARD REPRESENTED BY ITS SECRETARY TRAVANCORE DEVASWOMBOARD OFFICE, NANDANCODE THIRUVANANTHAPURAM - 695003.
2. THE DEVASWOM COMISSIOINER TRAVANCORE DEVASWOM BOARD OFFICE, NANDANCODE THIRUVANANTHAPURAM - 695033
BY SRI.KRISHNA MENON, SC, TRAVANCORE DEVASWOM BOARD
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-10-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BP
WP(C).No. 24570 of 2013 (U)
APPENDIX
PETITIONER(S)' EXHIBITS
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EXT.P-1: TRUE PHOTOSTAT COPY OF THE NOTIFICATION PUBLISHED BY THE R2 FOR THE SECTION OF MELSANTHI OF SABARIMALA/MALIKAPURAM FOR THE YEAR ME 1189.
EXT.P-2: TRUE PHOTOSTAT COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER ALONG WITH NECESSARY DOCUMENTS. EXT.P-3: TRUE PHOTOSTAT COPY OF THE REJECTION MEMO DATED 19.9.2013 EXT.P-4: TRUE PHOTOSTAT COPY OF THE PROCEEDINGS OF THE DEVASWOM COMMISSIONER DATED 31.7.2012. EXT.P-5: TRUE PHOTOSTAT COPY OF THE OBJECTION FILED BY THE PETITIONER DATED 21.9.2013.
RESPONDENT(S)' EXHIBITS: NIL.
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//TRUE COPY//
P.A. TO JUDGE
BP
T.R.RAMACHANDRAN NAIR & B. KEMAL PASHA, JJ.
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W.P.(C) No. 24570 of 2013
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DATED THIS THE 8TH DAY OF OCTOBER, 2013
JUDGMENT
Ramachandran Nair, J.
The petitioner's application for participation in the interview for appointment as Melsanthi, Sabarimala/Malikappuram of the present year, stands rejected as per Ext.P3 memo. The reason stated is that he has suffered a disciplinary action of barring two increments with cumulative effect and he has unauthorisedly remained on leave while working in Aranmula Valiyakoyikkal Devaswom. According to the learned counsel for the petitioner, those are reasons not covered by the relevant clause in Ext.P1.
WPC No.24570/2013
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Apart from that, what is required under the relevant terms, has been applied
by the Board and we find no reason to interfere with the same .
Therefore, the writ petition is dismissed. No costs.
(T.R.RAMACHANDRAN NAIR, JUDGE)
(B. KEMAL PASHA, JUDGE)
kav/
2 issues framed by the court
Whether the Board's rejection of the petitioner's application for Melsanthi post was well-grounded in the terms of the notification.
Whether the lower authorities were justified in relying on disciplinary history unauthorised leave to dismiss the petitioner.
N.Vishnu Narayanan Nambudiri
The Travancore Devaswom Board
The Deva Swom Commissioner, Travancore Devaswom Board
T.R.Ramachandran Nair
B.Kemal Pasha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
