Allowed

Travancore Devaswom Board v. Deputy Examiner for Local Fund Audit

Kerala HC7 Dec 2020DBA/14/2020

Case brief

AI extract

What is this about?

The Devaswom Board Application allowed extension of contract for two First Grade Overseers (Electrical). The court approved extension pending finalization of Special Rules for appointments due to urgent functional needs.

What did the court decide?

Application allowed to extend service of two First Grade Overseers (Electrical) after a day's break pending finalization of Special Rules.

Travancore Devaswom Board Vs Deputy Examiner… — Labour and Industrial Disputes | Kerala HC (2020)

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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 C.T.RAVIKUMAR

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THE HONOURABLE MR. JUSTICE K.HARIPAL

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MONDAY, THE 07TH DAY OF DECEMBER 2020 / 16TH AGRAHAYANA, 1942

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DBA.No.14 OF 2020

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APPLICANT:

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TRAVANCORE DEVASWOM BOARD REP.BY ITS SECRETARY, NANTHANCODE, THIRUVANANTHAPURAM-695 003

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BY ADV. SRI.G.BIJU

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RESPONDENT:

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DEPUTY EXAMINER FOR LOCAL FUND AUDIT THIRUVANANTHAPURAM-695 033

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BY SMT. K.R. DEEPA, SR. GOVERNMENT PLEADER

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THIS DEVASWOM BOARD APPLICATION HAVING COME UP FOR ADMISSION ON 07.12.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

DBA.No.14 OF 2020 2

ORDER

Ravikumar, J.

The captioned application has been filed by the Travancore Devaswom Board seeking permission to extend the period of contract of two First Grade Overseers (Electrical) on contract basis, namely, Sri. S. Vishnu and Sri. Manu Madhavan. On obtaining permission from this Court as per order dated 15.10.2019 in D.B.A. No. 13/2019, they were appointed as per proceedings of the Board dated 29.02.2020 and they joined duty on 16.03.2020 and 13.03.2020 respectively.

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The period of engagement i.e., 179 days expired in respect of the said persons, respectively on 10.09.2020 and 07.09.2020. Since services of Electrical Overseers are necessary

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for proper functioning of Electrical Division to carry out the electrical works and taking into account the delay in the matter of finalisation of Special Rules for effecting appointment, the Chief Engineer (General), Travancore Devaswom Board submitted a report dated 16.09.2020, recommending for extension of the contract of the aforesaid persons. It is based on

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DBA.No.14 OF 2020 3

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the said circumstances that this application has been filed.

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Heard the learned Standing Counsel for the Travancore Devaswom Board and also the learned Government Pleader.

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The learned Standing Counsel would submit that Special Rules for effecting appointment to various posts under the Travancore Devaswom Board have already been framed and sent for approval of the Government. In fact, draft Rules were approved and thereafter, objections were received against the same. It is under consideration. It is further submitted by the learned Standing Counsel as also the learned Government Pleader that it would be finalised within a period of six months. The said submission is recorded.

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True that pending regular appointment, for the

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effective functioning of the Electrical Division, engagement of persons on temporary basis may be required. In the said circumstances, we are of the view that the extension of the service of the aforesaid persons after giving a day's break, as proposed can be approved.

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DBA.No.14 OF 2020 4

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In the said circumstances, D.B.A. No. 14/2020 carrying the

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prayer therefor is allowed.

Sd/-

C.T.RAVIKUMAR

JUDGE

Sd/-

K.HARIPAL

JUDGE

DCS/08.12.2020

DBA.No.14 OF 2020 5

APPENDIX

PETITIONER'S/S EXHIBITS:

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ANNEXURE A1 TRUE COPY OF THE REPORT DATED 16.9.2020 ISSUED BY THE CHIEF ENGINEER (GENERAL), TRAVANCORE DEVASWOM BOARD ANNEXURE A2 TRUE COPY OF THE BOARD ORDER ROC 67/18/EST.1 DATED 15.10.2020

Travancore Devaswom Board v. Deputy Examiner for Local Fund Audit

Case brief

What is this about?

What did the court decide?

Travancore Devaswom Board v. Deputy Examiner for Local Fund Audit

Case brief

What is this about?

What did the court decide?

What the court decided

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