Allowed

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

Kerala HC2 Mar 2021DBA/5/2021

Case brief

AI extract

What is this about?

The High Court allowed a departmental board application seeking permission to extend the tenure of two contract-appointed First Grade Overseers (Electrical). The extension was necessitated by the non-finalisation of rules for regular appointments and the immediate requirement for service.

What did the court decide?

Permission granted for extension of the contract term of Sri. Prasobh S. and Smt. Swathy A.U. as First Grade Overseers (Electrical) for a further period of 179 days.

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 C.T.RAVIKUMAR

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THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN

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TUESDAY, THE 02ND DAY OF MARCH 2021 / 11TH PHALGUNA, 1942

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DBA.No.5 OF 2021

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IN THE MATTER OF TRAVANCORE DEVASWOM BOARD-SEEKING PERMISSION TO EXTEND THE PERIOD OF CONTRACT OF FIRST GRADE OVERSEERS (ELECTRICAL)

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PETITIONER:

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TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY

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BY SRI.G.BIJU, STANDING COUNSEL

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RESPONDENT:

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DEPUTY EXAMINER FOR LOCAL FUND AUDIT, THIRUVANANTHAPURAM - 695 033

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SR.G.P.SRI.RENIL ANTO KANDAMKULATHY

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THIS DEVASWOM BOARD APPLICATION HAVING BEEN FINALLY HEARD ON 02.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

D.B.A.5/2021

ORDER

Ravikumar, J.

The captioned application has been filed by the Travancore Devaswom Board (TDB) seeking permission to extend the period of contract of two First Grade Overseers (Electrical) under the TDB viz., Sri.Prasobh S. and Smt.Swathy A.U. It is stated in the affidavit accompanying the petition that due to non-finalisation of the Special Rules for regular appointment, the TDB got no other option but to engage First Grade Overseers (Electrical) on contract basis. Evidently, in the said circumstances, on obtaining permission from this Court, notification to effect appointment on contract basis was issued and thereupon, based on the selection the aforesaid persons were appointed, on contract basis. They joined duty on 6.8.2020 and 12.8.2020 respectively. It is submitted by the learned standing counsel that the same situation that constrained to effect their appointment still continues. Taking into account the requirement of the service of First Grade Overseers (Electrical) and the aforesaid position, the Chief Engineer (General), TDB, made a recommendation under Annexure A1 for extension of the contract term of the aforesaid persons. It is in

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D.B.A.5/2021

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pursuance thereof that as per Annexure A2, decision was taken to extend their term for a further period of 179 days.

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On perusing Annexure A2 order, it is evident that what is proposed is to grant extension of contractual period of those First Grade Overseers (Electrical) appointed on contract basis. Their period of contract, admittedly, expired on 31.1.2021 and 6.2.2021 respectively. The fact is that though Annexure-A2 reveals only decision to extend their term after obtaining permission from this Court, the captioned D.B.A for the said purpose was moved only on 22.2.2021, after implementing the decision. There cannot be any doubt with respect to the position that in legal parlance, the words 'approval' and 'permission' carry different connotations. Approval follows action sought to be approved whereas permission is for the action so proposed. Nonetheless, taking note of the compelling situation, viz., non-finalisation of Special Rules and also the requirement of service of First Grade Overseers (Electrical) for the smooth functioning of Electrical Department including completion of time bound works under the TDB, we are inclined to allow this application. In such circumstances, this application stands allowed. Permission is granted

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D.B.A.5/2021

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for extension of term of contract of Sri.Prasobh S and Smt.Swathy

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A.U., as First Grade Overseers (Electrical) as proposed under Annexure

A2 order.

Sd/-

C.T.RAVIKUMAR

JUDGE

Sd/MURALI PURUSHOTHAMAN JUDGE

D.B.A.5/2021

APPENDIX

PETITIONER'S EXHIBITS:

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ANNEXURE A1:TRUE COPY OF THE RECOMMENDATION DATED 15.01.2021 OF THE CHIEF ENGINEER TO EXTEND THE CONTRACT TERM OF THE FIRST GRADE OVERSEERS (ELECTRICAL).

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ANNEXURE A2:TRUE COPY OF THE BOARD ORDER ROC NO.67/18/EST-1 DATED 21.01.2021.

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spc/

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

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What did the court decide?

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