Disposed

Subrahmanya.B v. Malabar Devaswom Board

Kerala HC3 Jun 2024WP(C)/15262/2024

Case brief

AI extract

What is this about?

A temple employee working on daily wages sought regularisation as Watchmen cum Mike Operator. His representation was pending before the Executive Officer. The court directed the officer to decide it within three weeks in light of an earlier letter and allowed provisional continuation meanwhile.

What did the court decide?

Direction to 5th respondent to pass orders on Ext.P3 within three weeks; petitioner allowed to continue provisionally till then.

Subrahmanya.B Vs Malabar Devaswom Board — Service and Employment | Kerala HC (2024)

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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 BASANT BALAJI

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MONDAY, THE 3^RD DAY OF JUNE 2024 / 13TH JYAISHTA, 1946

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WP(C) NO. 15262 OF 2024

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PETITIONER:

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SUBRAHMANYA.B, AGED 50 YEARS, S/O.KRISHNOJI RAO, NEAR KRISHNA TALKIES, ASHOK NAGAR, KASARGOD., PIN - 671123 BY ADVS. LINDONS C.DAVIS E.U.DHANYA N.S.SHAMILA CHINJU P. JOYIES

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RESPONDENTS:

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1 MALABAR DEVASWOM BOARD, REPRESENTED BY ITS COMMISSIONER HOUSEFED COMPLEX, EAST NADAKKAVE, ERANHIPPALAM, KOZHIKODE., PIN - 673006

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2 COMMISSIONER, MALABAR DEVASWOM BOARD, HOUSEFED COMPLEX, EAST NADAKKAVE, ERANHIPPALAM, KOZHIKODE., PIN - 673006

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3 DEPUTY COMMISSIONER, MALABAR DEVASWOM BOARD, HOUSEFED COMPLEX, EAST NADAKKAVE, ERANHIPPALAM, KOZHIKODE., PIN - 673006

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4 ASSISTANT COMMISSIONER, MALABAR DEVASWOM BOARD, NEILESHWAR P.O., KASARGOD., PIN - 671314

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5 EXECUTIVE OFFICER, SRI MALLIKARJUNA TEMPLE, KASARGOD, KASARGOD P.O., PIN - 671121

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6 BOARD OF TRUSTEES, REPRESENTED BY ITS CHAIRMAN SRI MALLIKARJUNA TEMPLE, KASARGOD, KASARGOD P.O., PIN - 671121

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7 CHAIRMAN, BOARD OF TRUSTEES, SRI MALLIKARJUNA TEMPLE, KASARGOD, KASARGOD P.O., PIN - 671121

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BY ADV MAHESH V RAMAKRISHNAN

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OTHER PRESENT:

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SC SMT R. RANJANIE

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) 15262/2024

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JUDGMENT

(Dated this the 3^rd day of June 2024)

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The petitioner is now working as Watchmen cum Mike

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Operator at Malllikarjuna Temple, Kasaragod. There was an interview for the post of Watchmen cum Mike Operator, and Sri.Santhosh Naik, was the 1^st rank holder. The petitioner obtained the 2^nd rank. Sri.Santhosh Naik was suspended by the Temple Board and the petitioner was appointed from 01.04.2013. Thereafter, in appeal filed by Sri. Santhosh Naik, the same was allowed, and he was allowed to work as Watchmen cum Mike Operator. Thereafter, he was again suspended due to involvement in a criminal offence, and the petitioner was re-appointed on 01.08.2018 on daily wages and he is continuing.

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The petitioner submitted an application for regularisation dated 03.10.2023 before the 4^th respondent, requesting him to consider for permanent appointment as Watchmen cum Mike Operator. Thereafter, Ext.P2 letter was

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WP(C) 15262/2024

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-3-

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issued by the 4^th respondent to the 5^th respondent for taking steps

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in the case of the petitioner for regularisation. The petitioner also filed Ext.P3 representation before the 5^th respondent for rejoining the duty as Watchmen cum Mike Operator.

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The counsel for the 5^th respondent seeks time to file

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counter affidavit.

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Since Ext.P3 is pending before the 5^th respondent, I

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deem it appropriate to direct the 5^th respondent to take up Ext.P3 in the light of Ext.P2, and pass appropriate orders within a period

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of three weeks from the date of receipt of a copy of this judgment. If the petitioner is not replaced by any other person as

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on today, he shall be allowed to continue, provisionally, till final orders are passed.

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The writ petition is disposed of as above.

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Sd/BASANT BALAJI JUDGE

WP(C) 15262/2024

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APPENDIX OF WP(C) 15262/2024

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PETITIONER EXHIBITS

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Exhibit P1	A COPY OF THE WATCH MAN IDENTITY CARD OF THE
	PETITIONER.
Exhibit P2	A COPY OF THE LETTER LETTER NO. A1-3530/2023/MBD
	DATED 13.10.2023 OF THE IS PRODUCED 3RD RESPONDENT.
Exhibit P3	A COPY OF THE REPRESENTATION SUBMITTED BY THE
	PETITIONER TO THE EXECUTIVE OFFICER DATED 07.04.2024.

Subrahmanya.B v. Malabar Devaswom Board

Case brief

What is this about?

What did the court decide?

Subrahmanya.B v. Malabar Devaswom Board

Case brief

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