Disposed

Travancore Devaswom Board v. Deputy Examiner for Local Fund Audit

Kerala HC26 Mar 2021DBA/7/2021

Case brief

AI extract

What is this about?

The Court disposed of an application by the Travancore Devaswom Board seeking to extend the contract of Assistant Engineers. The Court ratified the Board's subsequent extension of the contract term by 179 days, noting that while the practice of seeking post-facto sanction is discouraged, it was necessitated by the lack of regular appointment rules.

What did the court decide?

The action in extending the contract term of the Assistant Engineers for 179 days is ratified.

Travancore Devaswom Board Vs Deputy Examiner… — Labour and Industrial Disputes | 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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FRIDAY, THE 26TH DAY OF MARCH 2021 / 5TH CHAITHRA, 1943

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DBA.No.7 OF 2021

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(IN THE MATTER OF TRAVANCORE DEVASWOM BOARD - SEEKING SANCTION TO EXTEND THE CONTRACT TERM OF ASSISTANT ENGINEERS (ELECTRICAL)

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APPLICANT:

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

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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 THIRUVANANTHAPURAM 695 033.

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BY G.P.SRI.T.K.ANANDAKRISHNAN (SR)

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THIS DEVASWOM BOARD APPLICATION HAVING BEEN FINALLY HEARD ON 26.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

DBA.No.7 of 2021

ORDER

Ravikumar, J.

This application is moved by the Travancore Devaswom Board seeking sanction to extend the contract term of Assistant Engineers (Electrical) namely, Sri.S.Lenin Das, Sri.Dhanu S Krishnan and Sri.Binu.C.J. Each of them was earlier appointed on contract basis for a period of 179 days for a consolidated monthly pay of Rs.30,000/-. The contractual term was subsequently extended for another period of 179 days from 27.7.2020 with the same conditions, on obtaining permission from this Court. The said term had expired on 21.1.2021. It is seeking further extension of the contract period of the said persons, from 23.1.2021, that this application has been filed.

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This application was filed on 17.3.2021. A perusal of the affidavit would reveal that though the term of the said contract of appointment had expired on 21.1.2021, from 23.1.2020 onwards they were being re-engaged on contract basis. Thus, it is obvious that it is not actually seeking sanction, but virtually seeking ratification of the order whereby the term of the said Assistant Engineers were extended from 23.1.2020 that the captioned application has been filed. We have already depricated the practice of the Travancore Devaswom Board in

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DBA.No.7 of 2021

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moving application for sanction subsequent to the implementation of their decisions. Such a practice on the part of the TDB has to be stopped. However, finding that for the smooth functioning of the electrical division under the TDB employment of persons on contract basis is required especially because owing to the non-finalisation of Special Rules the TDB is not in a position to effect regular appointments to the post concerned. In the aforesaid circumstances, we are inclined to ratify the said action. Consequently, the action on the part of the TDB in extending the contract term of the aforesaid Assistant Engineers pursuant to Annexure-A2 recommendation of the Chief Engineer, for a period of 179 days is ratified.

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The DBA is disposed of as above.

Sd/-

C.T.RAVIKUMAR

Judge

Sd/- MURALI PURUSHOTHAMAN Judge

TKS

DBA.No.7 of 2021

APPENDIX

PETITIONER'S EXHIBITS:

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ANNEXURE A1 TRUE COPY OF THE REQUEST DATED 01.01.2021 OF THE EXECUTIVE ENGINEER, ELECTRICAL DIVISION, CHEGANNUR.

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ANNEXURE A2 TRUE COPY OF THE RECOMMENDATION DATED 27.01.2021 OF HE CHIEF ENGINEER (GENERAL), TRAVANCORE DEVASWOM BOARD. ANNEXURE A3 TRUE COPY OF THE PROCEEDINGS OF THE BOARD DATED 05.02.2021.

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TKS

Travancore Devaswom Board v. Deputy Examiner for Local Fund Audit

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Travancore Devaswom Board v. Deputy Examiner for Local Fund Audit

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