Writ petitions challenging lack of regularization in Sree Pisharikavu Devaswom were disposed of. Court directed petitioners to approach competent authorities with subsisting grievances regarding their service status.
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 ALEXANDER THOMAS
WEDNESDAY, THE 29TH DAY OF JUNE 2016/8TH ASHADHA, 1938
WP(C).No. 22093 of 2008 (E)
PETITIONER(S) :
1. SASEENDRAN PANHOLA, VAZHIPADU CLERK, SREE PISHARIKAVU DEVASWOM, KOLLAM P.O., KOYILANDY VIA, KOZHIKODE DISTRICT.
2. RAJESH M.P.R.,
3. RAKESH K.K.,
4. GEETHA U.V., TYPIST CUM CLERK, SREE PISHARIKAVU DEVASWOM, KOLLAM P.O.,, KOYILANDY VIA, KOZHIKODE.
5. RAJU N.K., SCAVANGER, SREE PISHARIKAVU DEVASWOM, KOLLAM P.O.,, KOYILANDY VIA, KOZHIKODE.
6. T.A.SREENIVASAN, THANDAN, SREE PISHARIKAVU DEVASWOM, KOLLAM P.O., KOYILANDY VIA, KOZHIKODE.
BY ADV. SRI.KALEESWARAM RAJ
RESPONDENT(S) :
1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF DEVASWOM, SECRETARIAT, THIRUVANANTHAPURAM.
2. THE COMMISSIONER, HR & CE, KOZHIKODE.
3. DEPUTY COMMISSIONER, HR & CE, KOZHIKODE.
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WP(C).No. 22093 of 2008 (E)
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4. THE ASSISTANT COMMISSIONER, HR & CE, KOZHIKODE.
5. THE TRUSTEE BOARD REPRESENTED BY THE CHAIRMAN, SREE PISHARIKAVU DEVASWOM, KOYILANDY, KOZHIKODE DISTRICT.
6. THE EXECUTIVE OFFICER, SREE PISHARIKAVU DEVASWOM, KOYILANDY, KOZHIKODE DISTRICT.
R1 BY GOVERNMENT PLEADER SRI.P.V.ELIYAS R2 TO R4 BY ADV. SRI.K.MOHANAKANNAN, S.C R5 BY ADV. SRI.T.SREEKANTAN R6 BY ADV. SRI.MOHAN C.MENON
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29-06-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Msd.
WP(C).No. 22093 of 2008 (E)
APPENDIX
PETITIONER(S)' EXHIBITS :
EXHIBIT P1: TRUE COPY OF THE ORDER DATED 28.09.1977.
EXHIBIT P2: TRUE COPY OF THE GAZETTE NOTIFICATION DATED 25.04.1978. EXHIBIT P3: TRUE COPY OF THE RESOLUTION DATED 18.12.2006 PASSED BY THE TRUSTEE BOARD OF THE DEVASWOM.
| EXHIBIT P7: | TRUE COPY OF ORDER DATED 02.11.1996 WITH RESPECT TO |
|---|---|
| PALAKAL RAJAN. |
EXHIBIT P8: TRUE COPY OF ORDER DATED 20.04.1993 WITH RESPECT TO SRI.P.V.RATNAKARAN. EXHIBIT P9: TRUE COPY OF LETTER DATED 20.05.2008. EXHIBIT P10: TRUE COPY OF THE ADVERTISEMENT PUBLISHED IN MATHRUBHUMI DAILY DATED 24.06.2008.
RESPONDENT(S)' EXHIBITS :
NIL
//TRUE COPY//
P.A.TO JUDGE.
Msd.
ALEXANDER THOMAS, J.
W.P(C).No.22093 Of 2008
Dated this the 29th day of June, 2016.
J U D G M E N T
The prayers in this Writ Petition are as follows:
was directed to file a statement in the matter to show the up to date development in the case. Accordingly, Sri.Mohan.C.Menon, learned Standing Counsel for the 6th respondent has filed a statement dated 18.6.2016 in this Writ petition which reads as follows:
“STATEMENT FILED BY THE 6th RESPONDENT AS DIRECTED BY THIS HON'BLE COURT
- It is submitted that the 1st petitioner is no longer working in the Devaswom as
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W.P(C).No.22093 Of 2008
he was involved in financial irregularities. The 6th petitioner is also not in our provisional service for a long time.
Dated this the 18th day of June, 2016
sd/-
T.T.Vinodan
Executive Officer, Sree Pisharikavu Devaswom, Kozhikode District.”
submits that the Writ Petition may be closed recording the averments in the above said statement of the 6th respondent that petitioners 2, 3, 4 and 5 are still working in the Deveswom provisionally and there are no reasons for disengaging them. Further, the learned counsel for the petitioner would submit that it is stated in the above statement that the 6th petitioner is now not in the provisional service of the 6th respondentDevaswom for a long time and that if the 6th petitioner has any grievances in that regard that may be examined by the appropriate authority of the 6th respondent-Devaswom. Further he would also submit that this Court may also clarify that the 1st petitioner will also be at liberty to approach the competent among the respondents to ventilate his subsisting grievances in the matter.
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W.P(C).No.22093 Of 2008
petitioner and the learned Government Pleader appearing for the State authorities and the learned Standing Counsel for Malabar Devaswom Board appearing for respondents 2 to 4 and Sri.Mohan C.Menon, learned Standing Counsel for respondents 5 & 6.
With these observations and directions, this Writ Petition (Civil) stands finally disposed of.
ALEXANDER THOMAS, Judge.
bkn/-
1 issue framed by the court
Whether the pending writ petitions seeking regularization and continuation in service of Devaswom employees require further adjudication by this Court.
SASEENDRAN PANHOLA
RAJESH M.P.R.
RAKESH K.K.
GEETHA U.V.
RAJU N.K.
T.A.SREENIVASAN
ALEXANDER THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
