Allowed

Travancore Devaswom Board v. Deputy Examiner for Local Fund Audit

Kerala HC16 Mar 2021DBA/6/2021

Case brief

AI extract

What is this about?

The High Court, in a devaswom board application, allowed the ratification of the Board's action of extending the contract terms of two employees pending finalisation of regular appointment rules, despite the extension having been effected before seeking court sanction.

What did the court decide?

The action in extending the term of the two employees stands ratified.

Travancore Devaswom Board Vs Deputy Examiner for Local… — Company and Corporate | 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 16TH DAY OF MARCH 2021 / 25TH PHALGUNA, 1942

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DBA.No.6 OF 2021

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PETITIONER/S:

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TRAVANCORE DEVASWOM BOARD REPRESENTED BY ITS SECRETARY, NANTHENCODE, THIRUVANANTHAPURAM - 695 003

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BY ADV. SRI.G.BIJU

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RESPONDENT/S:

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DEPUTY EXAMINER FOR LOCAL FUND AUDIT THIRUVANANTHAPURAM - 695 033

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R1 BY ADV.SRI.T.K.ANANDAKRISHNAN, GOVERNMENT PLEADER

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THIS DEVASWOM BOARD APPLICATION HAVING BEEN FINALLY HEARD ON 16.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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DBA.No.6 OF 2021 ..2..

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ORDER

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Dated this the 16th day of March 2021

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Ravikumar,J.

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The Travancore Devaswom Board filed the above mentioned application seeking sanction to extend the contract term for a period of one year of Sri.R.Anoop as Assistant Engineer (Environmental) and Sri.A.Arun Krishnan as Mechanical Assistant in the Environmental Wing attached to the office of the Executive Engineer, Sabarimala Development Project. Earlier, they were engaged on contract basis for a period of one year in the office of the Executive Engineer, Sabarimala Development Project for a consolidated pay of Rs.30,000/- and Rs.20,000/- per month, respectively and the term of Sri.R.Anoop expired on 25.11.2020 and Sri.A.Arun Krishnan expired on 26.11.2020. As per Annexures A1 and A3, the Executive Engineer,

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DBA.No.6 OF 2021 ..3..

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Sabarimala Development Project recommended for extension of the term of the aforesaid persons for a period of one year. Acting on the recommendation, it was decided by the Board to extend the contract term of the aforesaid persons for a period of one year from 27.11.2020 and 29.11.2020 respectively, subject to sanction from this Court. The fact is that, even before filing the application, the term of the said persons were extended as per Annexure-A5 dated 16.11.2020. It is noticed that what is contemplated is sanction from this Court before appointment. What is now sought for by the Board is virtually, ratification of their action. Though we are not pleased with the manner in which things are being done by the Board in the matter of extension of contract period, taking note of the requirement, to have personnel in the aforesaid posts on contract basis and taking note of the nonfinalisation of the rules for effecting regular

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DBA.No.6 OF 2021 ..4..

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appointment against such posts, we are inclined to allow the application. Consequently, the action in extending the term of Sri.R.Anoop as Assistant Engineer (Environmental) and Sri.A.Arun Krishnan as Mechanical Assistant attached to the office of the Executive Engineer, Sabarimala Development Project, stands ratified.

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The D.B.A is allowed, as above.

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Sd/C.T.RAVIKUMAR JUDGE

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SB/16/03/2021

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Sd/MURALI PURUSHOTHAMAN JUDGE

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DBA.No.6 OF 2021 ..5..

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A1 TRUE COPY OF THE RECOMMENDATION DATED 30.09.2020 OF THE EXECUTIVE ENGINEER, SABARIMALA DEVELOPMENT PROJECT.

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ANNEXURE A2 TRUE COPY OF THE REQUEST DATED 03.11.2020 OF THE CHIEF ENGINEER (GENERAL), TRAVANCORE DEVASWOM BOARD.

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ANNEXURE A3 TRUE COPY OF THE RECOMMENDATION DATED 30.09.2020 OF THE EXECUTIVE ENGINEER, SABARIMALA DEVELOPMENT PROJECT.

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ANNEXURE A4 TRUE COPY OF THE REQUEST DATED 09.11.2020 OF THE CHIEF ENGINEER (GENERAL), TRAVANCORE DEVASWOM BOARD.

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ANNEXURE A5 TRUE COPY OF THE PROCEEDINGS OF THE BOARD DATED 16.11.2020.

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//true copy //

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P.A to Judge

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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