Cochin Devaswom Boad Represented by Its Secretary v. Deputy Director Local Fund Audit Thrissur

Kerala HC10 Nov 2014DBP/132/2014

Case brief

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The Division Bench considered a petition seeking clarification on the regularisation of contract-based Overseers in the Engineering Wing of the Cochin Devaswom Board. The Board passed an order regularising them despite a concurrent High Court direction to constitute a Recruitment Board within two months and the age limit for P.S.C. recruitment having been crossed. The court noted the Government Pl

What the court decided

AI extract

Cochin Devaswom Boad Represented by Its… — Pension and Retirement Benefits | Kerala HC (2014)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR

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& THE HONOURABLE SMT. JUSTICE P.V.ASHA

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MONDAY, THE 10TH DAY OF NOVEMBER 2014/19TH KARTHIKA, 1936

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DBP.No. 132 of 2014 ()

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PETITIONER/APPLICANT

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COCHIN DEVASWOM BOAD REPRESENTED BY ITS SECRETARY

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BY ADV. SRI.KRISHNA MENON, SC, COCHIN DEVASWOM BOARD SRI. KRISHNAN MANGOT

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RESPONDENT/RESPONDENT:

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DEPUTY DIRECTOR LOCAL FUND ACCOUNT, (C.D.), AUDIT THRISSUR

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R1 BY ADV. GOVERNMENT PLEADER SRI.A.RENJITH

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THIS DEVASWOM BOARD PETITION HAVING BEEN FINALLY HEARD ON 10-11-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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AL/-

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T.R.RAMACHANDRAN NAIR &

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P.V.ASHA, JJ.,

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- - - - - - - - - - - - - - - - - - - - - - - - - - - - DBP No.132 of 2014

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Dated this the 10^th day of November 2014

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O R D E R

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Ramachandran Nair, J.,

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The learned Ombudsman in the report No.

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160/2014pointed out that the Cochin Devaswom Board filed a petition No. 58/2014 for regularisation of Service of Overseers in the Engineering Wing of the Board. They were working on contract basis for the last 7 to 10 years. They had filed W.P.(C) No. 14938/2009 before this Court seeking a direction to consider their representation by the Board. The Board rejected their claim by the order dated 6.2.2010 holding that the appointments of Overseers could be made only through Public Service Commission. Subsequently the Act was amended to exclude the Public Service Commission from advising candidates for Devaswom Board in the establishment wing. Now, the Board has passed Annexure A6 order to regularise them in the post of Overseer. They have stated that many of the temporary

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No.---

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employees who have joined service after their contract of service have been regularised. The Board is also of the view that in the engineering Section there is lack of efficient staff. It has resulted in adverse impact on the items of maramath works.

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We heard the learned Standing Counsel for the Board, Learned Ombudsman and Learned Government Pleader.

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The Government Pleader submitted that this Court has directed constitution of the Recruitment Board within a period of two months.

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As of now, the Recruitment Board has not been constituted, the Rules of appointment has not been framed also. The persons working under the Board for 7 to 10 years have crossed the age limit for recruitment through Public Service Commission or by the Recruitment Board. Having taken various aspects we are of the view that

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No.---

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:3:

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T.R.RAMACHANDRAN NAIR

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(JUDGE)

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P.V.ASHA (JUDGE)

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AL/-

Cochin Devaswom Boad Represented by Its Secretary v. Deputy Director Local Fund Audit Thrissur

Case brief

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Cochin Devaswom Boad Represented by Its Secretary v. Deputy Director Local Fund Audit Thrissur

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