Allowed

The Travancore Devaswom Board v. Deputy Examiner for Local Fund Audit

Kerala HC9 Nov 2021DBA/11/2021

Case brief

AI extract

What is this about?

The Court allowed applications to extend the contract period of Assistant Engineers and First Grade Overseers for 179 days. Despite two prior extensions, permission was granted considering the inevitable nature of their services for maintenance and audit works during the upcoming popular festival season, subject to a prohibition on further extensions.

What did the court decide?

Extension of contract appointment for 179 days granted subject to a condition that no further extension will be granted.

The Travancore Devaswom Board Vs Deputy Examiner for… — Service and Employment | Kerala HC (2021)

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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 ANIL K. NARENDRAN

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THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

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TUESDAY, THE 9^TH DAY OF NOVEMBER 2021 / 18TH KARTHIKA, 1943

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DBA NO. 11 OF 2021

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SEEKING SANCTION TO EXTEND THE CONTRACT TERM OF ASSISTANT ENGINEER (ELECTRICAL) & FIRST GRADE OVERSEER (ELECTRICAL) PETITIONER:

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THE TRAVANCORE DEVASWOM BOARD REPRESENTED BY ITS SECRETARY, NANTHANCODE, THIRUVANANTHAPURAM, - 695003 BY ADV SHRI.G.BIJU,SC,TRAVANCORE DEVASWOM BOARD

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RESPONDENT:

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DEPUTY EXAMINER FOR LOCAL FUND AUDIT THIRUVANANTHAPURAM – 695 033. SRI S RAJMOHAN - SR GOVERNMENT PLEADER

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THIS DEVASWOM BOARD APPLICATION HAVING COME UP FOR ADMISSION ON 09.11.2021, ALONG WITH DBA.13/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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DBA Nos.11 & 13 of 2021

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

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THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN

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THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

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TUESDAY, THE 9^TH DAY OF NOVEMBER 2021 / 18TH KARTHIKA,

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1943

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DBA NO. 13 OF 2021

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SEEKING PERMISSION TO EXTEND THE PERIOD OF CONTRACT OF FIRST GRADE OVERSEER'S (ELECTRICAL) - REGARDING

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PETITIONER:

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THE TRAVANCORE DEVASWOM BOARD REPRESENTED BY ITS SECRETARY, NANTHENCODE, THIRUVANANTHAPURAM-695003.

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BY ADV SHRI.G.BIJU,SC,TRAVANCORE DEVASWOM BOARD

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RESPONDENT:

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DEPUTY EXAMINER FOR LOCAL FUND AUDIT KERALA STATE AUDIT DEPARTMENT, TRAVANCORE DEVASWOM BOARD AUDIT, NANTHANCODE P.O, THIRUVANANTHAPURAM-695033.

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SRI S RAJMOHAN - SR GOVERNMENT PLEADER

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THIS DEVASWOM BOARD APPLICATION HAVING COME UP FOR ADMISSION ON 09.11.2021, ALONG WITH DBA.11/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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DBA Nos.11 & 13 of 2021

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ORDER

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Anil K. Narendran, J.

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DBA No.11 of 2021 :- The Travancore Devaswom Board represented by its Secretary, has filed this DBA seeking sanction for extension of the period of appointment of Sri.S. Lenin Das, Sri.Dhanu S. Krishnan and Sri.Binu C.J., who were appointed as Assistant Engineers (Electrical) on contract basis for 179 days, on a consolidated pay of Rs.30,000/-, and sanction for extension of the period of appointment of Sri.S. Prasobh and Smt.Swathy A.U., who were appointed as First Grade Overseers (Electrical) on contract basis for 179 days, on a consolidated pay of Rs.20,000/-. The term of appointment of the Assistant Engineers (Electrical) was extended twice on same conditions and their extended term expired on 20.07.2021. The Executive Engineer, Electrical Division, Chengannur, vide Annexure A1 letter dated 26.02.2021, requested the Chief Engineer for extension of their term. Based on that request, the Chief Engineer recommended to the Travancore Devaswom Board, vide Annexure A2 letter dated 23.06.2021 for extension of their term for a further period of 179 days. Similarly, the term of those who were appointed as

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DBA Nos.11 & 13 of 2021

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First Grade Overseers (Electrical) was extended twice on same conditions and their extended term expired on 30.07.2021 and 06.08.2021 respectively. The Executive Engineer, Electrical Section, Chengannur, vide Annexure A3 letter dated 21.06.2021, requested the Executive Engineer, Electrical Division, Chengannur, for extension of their term. Based on that request, the Chief Engineer (General), vide Annexure A4 letter dated 22.06.2021, recommended to the Board for extension of their term of contract appointment for a further period of 179 days. The Board, after considering Annexures A3 and A4 recommendations, resolved to extend the term of contract appointment of the aforesaid persons for a further period of 179 days, after giving a break of one day, on the existing terms and conditions, subject to the sanction of this Court, vide Annexure A5 proceedings dated 06.07.2021.

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1.1. In this DBA filed on 13.07.2021, it is stated that the service of the Assistant Engineers (Electrical) are inevitable for the execution of electrical maintenance works, faults at various places such as Devaswom offices, Colleges, Schools, etc., in a time bound manner and also to avoid any untoward incidents. Similarly, the service of the First Grade Overseers (Electrical) is

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DBA Nos.11 & 13 of 2021

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essential for scrutinising the estimate and auditing of work bill, etc. Since the Special Rules are not finalised, the Board is not in a position to make regular appointments by reporting the vacancies to the Kerala Devaswom Recruitment Board for conducting regular selection.

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1.2. On 27.07.2021, when this DBA came up for

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consideration, this Court passed the following order;

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“The Travancore Devaswom Board moved the captioned petition seeking extension of the period of appointment on contract basis of persons named in the petition as Assistant engineer (Electrical) and First Grade Overseer (Electrical) as the case may be, for a further period of 179 days on the same terms and conditions. Evidently, such appointments are being made on contract basis for a period of 179 days on consolidated pay. When a similar matter came up for consideration, submission was made by the learned Standing Counsel for TDB to the effect that appointment on contract basis is being effected due to the non-finalisation of Recruitment Rules and that the draft rules submitted for approval is pending consideration before the Government of Kerala. In the said circumstances, the learned Government Pleader shall get instructions as to the stage of consideration of the issue of finalisation of the Recruitment Rules. Till such time, persons who are presently engaged as Assistant Engineer (Electrical)/First Grade Overseer

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DBA Nos.11 & 13 of 2021

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(Electrical) whose term of contract is sought to be extended, shall be permitted to continue. We make it clear that pendency of this writ petition shall not be taken as a reason for non-consideration of the question of approval of the draft rules, rather, for not finalising the same.”

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1.3. The Secretary of the Board has filed an affidavit dated 07.10.2021, explaining the mode of selection process with respect to contract appointments made in the Electrical Wing of the Travancore Devaswom Board. Paragraphs 4 to 7 of that affidavit read thus;

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“4. It is submitted that this Hon'ble Court as per order dated 15.10.2019 in DBA No.13 of 2019 granted permission for effecting appointments on temporary basis. Thereupon the Chief Engineer (General) vide report dated 31.10.2019 sought permission to issue notification inviting applications for effecting the temporary appointments and the Board grated permission as per proceedings dated 12.11.2019. A copy of the proceedings, ROC No.67/18/EST-1 dated 12.11.2019 is produced herewith and marked as Annexure A6.

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It is submitted that pursuant to Annex.A6 permission granted by the Board, notification dated 14.11.2019 was published inviting applications for appointment to the post of Assistant Engineer(Electrical) and Overseer(Electrical) on contract basis. A copy of the

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DBA Nos.11 & 13 of 2021

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notification dated 14.11.2019 issued by the Board is produced herewith and marked as Annexure A7. The candidates having requisite qualification were interviewed by a selection committee and separate rank lists were published for Assistant Engineers and Overseers. The rank lists were placed before the Board and sanction was granted to make appointments from the rank list. A copy of the proceedings, ROC No.67/18/Est-1 dated 23.01.2020 permitting the Chief Engineer to appoint three Assistant Engineers from the rank list on contract basis is produced herewith and marked as Annexure.A8. A copy of the proceedings, ROC No.67/18/Est-1 dated 29.02.2020 permitting the Chief Engineer to appoint four Grade I Overseers from the rank list on contract basis is produced herewith and marked as Annexure A9.

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It is submitted that these contract employees are now acquainted with the specialised works in the Electrical Division of the Board and their service can be dispensed with immediately on effecting regular appointments to the above posts, for which ow vacancies are being reported to the Kerala Devaswom Recruitment Board.

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It is respectfully submitted that the service of the Assistant Engineers (Electrical) are inevitable for the execution of electrical maintenance works, faults at various places such as Devaswoms, Offices, colleges, schools, etc., in a time bound manner and also to avoid any untoward incidents, and the service of First Grade Overseers (Electrical) are very much essential for

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DBA Nos.11 & 13 of 2021

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scrutinising the estimate and auditing of the work bill etc., more particularly in view of the ensuing pilgrimage season.”

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DBA No.13 of 2021 :- The Travancore Devaswom

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Board represented by its Secretary, has filed this DBA, seeking an order to extend the term of contract appointment of Sri.Manu Madhavan and Sri.Vishnu S., who are appointed as First Grade Overseers (Electrical), on contract basis for a period of 179 days, pursuant to the order of this Court dated 15.10.2019 in D.B.A.No.13 of 2019 and were posted in the office of the Executive Engineer, Electrical Division, Chengannur, and also in the office of the Chief Engineer (Electrical), Thiruvananthapuram, respectively. Their term of appointment was further extended after obtaining permission from this Court and their extended term expired on 30.09.2021 and 09.09.2021, respectively. The Executive Engineer, Electrical Division, Chengannur, vide letter dated 21.07.2021, recommended for extension of their term of contract appointment. Based on that recommendation, the Chief Engineer (General), vide Annexure A2 letter dated 22.07.2021, recommended to the Board for extension of their

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DBA Nos.11 & 13 of 2021

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term of contract appointment. Based on the recommendations made by the Chief Engineer (General), the Board vide Annexure A3 order dated 04.08.2021, resolved to extend the term of contract appointment of the First Grade Overseers (Electrical) after obtaining permission from this Court.

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2.1. On 22.09.2021, when this DBA came up for consideration, the learned Standing Counsel was directed to get instructions as to the mode of selection of the persons engaged as First Grade Overseers (Electrical), on contract basis, for 179 days.

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Heard the learned Standing Counsel for Travancore Devaswom Board and also the learned Senior Government Pleader for Local Fund Audit.

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The learned Standing Counsel for Travancore Devaswom Board, after referring to Annexures A7 and A8 documents placed on record along with the affidavit filed by the Secretary of the Board dated 07.10.2021 in D.B.A.No.11 of 2021 would point out that, contract appointments to various posts including that of Assistant Engineer (Electrical) and First Grade Overseer (Electrical) were made pursuant to Annexure A7 notification dated 14.11.2019, which is one issued based on

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DBA Nos.11 & 13 of 2021

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Annexure A6 order dated 12.11.2019. The candidates having the requisite qualification were interviewed by a Selection Committee and separate rank lists were published for the post of Assistant Engineer (Electrical) and First Grade Overseer (Electrical). Those rank lists were placed before the Board. Vide Annexures A8 and A9 orders, permission was granted to the Chief Engineer to appoint Assistant Engineers (Electrical) and First Grade Overseers (Electrical) from those rank lists, on contract basis, for a period of 179 days.

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During the course of arguments, the submission made by the learned Standing Counsel for Travancore Devaswom Board is that the vacancies in the post of Assistant Engineer (Electrical) has already been reported to the Kerala Devaswom Recruitment Board and that, steps are being taken to report the vacancies in the post of First Grade Overseer (Electrical) to the Recruitment Board. The learned Standing Counsel would point out that, twice this Court granted permission to the Board to extend the term of contract appointments of Assistant Engineers (Electrical) and First Grade Overseers (Electrical), for 179 days each, considering the fact that their services are inevitable for the electrical

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DBA Nos.11 & 13 of 2021

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maintenance works and for scrutinising estimate, auditing of work bills, etc.

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Having considered the submissions made by the learned Standing Counsel for Travancore Devaswom Board and also the learned Senior Government Pleader for Local Fund Audit, we find that the term of contract appointment of these persons have already been extended twice for 179 days each, after their initial term of appointment for 179 days. Merely for the reason that they were selected pursuant to Annexure A7 notification dated 14.11.2019, their term of contract appointment cannot be extended till regular hands are appointed as Assistant Engineers (Electrical) and First Grade Overseers (Electrical) through the Kerala Devaswom Recruitment Board, when their initial appointment on contract basis was only for a period of 179 days.

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Considering the fact that disengagement of persons, who are holding the above posts on contract basis, during Mandala Makaravilakku Festival season, will have an adverse impact on the execution of maintenance works, etc., in the Electrical Wing of the Devaswom, we deem it appropriate to extend the term of contract appointment of the persons

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DBA Nos.11 & 13 of 2021

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referred to in Annexure A5 proceedings dated 06.07.2021 in D.B.P.No.11 of 2021 and Annexure A3 proceedings dated 04.08.2021 in D.B.P.No.13 of 2021, for period of 179 days from the date of expiry of their term of appointment, after giving a break of one day, as sought for in Annexures A5 and A3, subject to the condition that, no further extension of their term of contract appointment will be granted.

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D.B.A.Nos.11 and 13 of 2021 are allowed as above.

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Sd/-

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ANIL K. NARENDRAN, JUDGE

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Sd/- P.G. AJITHKUMAR, JUDGE

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The Travancore Devaswom Board v. Deputy Examiner for Local Fund Audit

Case brief

What is this about?

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The Travancore Devaswom Board v. Deputy Examiner for Local Fund Audit

Case brief

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