Disposed

K. Sivadasa Warrier v. Travancore Devaswom Board

Kerala HC20 Jun 2024WP(C)/39093/2018

Case brief

AI extract

What is this about?

Petitioner, an employee of Travancore Devaswom Board, challenged denial of benefits for pre-regularization service. Court held merits could not be adjudicated as claim lacked finality and directed Board to decide pending representations within two months after notice to petitioner.

What did the court decide?

The petitioner was issued notice before proceeding to consider representations, and the representations were directed to be decided within two months.

K. Sivadasa Warrier Vs Travancore Devaswom… — Pension and Retirement Benefits | 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 EASWARAN S.

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THURSDAY, THE 20TH DAY OF JUNE 2024 / 30TH JYAISHTA, 1946

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WP(C) NO. 39093 OF 2018

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PETITIONER:

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K. SIVADASA WARRIER
AGED 51 YEARS
NADAYIL KIZHAKKE WARRIYAM, EROOR SOUTH,
KEERIKKAD.P.O-690508.

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BY ADVS.
SREEDHAR RAVINDRAN
SMT.APARNA RAJAN

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RESPONDENTS:

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1TRAVANCORE DEVASWOM BOARD
BOARD, REPRESENTED BY ITS SECRETARY,
OFFICE OF THE TRANVANCORE DEASWOM BOARD,
NANTHANCODE, THIRUVANANTHAPURAM-695003.

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2 THE COMMISSIONER

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TRANVANCORE DEVASWOM BOARD, OFFICE OF TH TRAVANCORE
DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM-695003.

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BY ADV.
SRI.C.K.PAVITHRAN, SC

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
20.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 39093 OF 2018 -2-

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JUDGMENT

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The petitioner is an employee of Travancore Devaswom Board. He entered service on 21.12.1988 as a Karanma. Thereafter, he was promoted to the full-time post as Kshethra Sambandhi (Panchavadham) with effect from 05.08.1994. The grievance raised in the writ petition is that the period spend from 21.12.1988 to 30.08.1994, though regularized, was not treated for regular benefits. In similar circumstances, petitioner contends that Ext.P2 series orders were passed. Therefore, for claiming the said benefit, the petitioner had filed Exts.P3 and P4 representations before the Board, which is according to the petitioner, is still pending consideration.

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Though after filing of the writ petition, certain orders have been passed by the Travancore Devaswom Board by which certain benefits has been extended to the petitioner, the petitioner still maintain that the real grievance of the petitioner. In the above circumstances,

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WP(C) NO. 39093 OF 2018 -3-

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it will not be appropriate for this Court at this stage to enter into a finding on merits of the claim in so far as the claim has not attained finality at the hands of the Board.

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Accordingly, the writ petition is disposed of

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with following directions:

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(1) The competent among the respondents to take up Exts.P3 and P4 and take a decision on the same after notice to the petitioner. The decision in this regard shall be taken by the respondents within a period of two months from the date of receipt of the copy of the judgment.

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(2) Petitioner shall be issued with a notice before proceeding to consider the same and the petitioner would also been at liberty to point out of additional facts by way of a supplementary presentation.

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The Writ petition is ordered accordingly.

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Sd/-
EASWARAN S.
 JUDGE

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vv

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WP(C) NO. 39093 OF 2018 -4-

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APPENDIX OF WP(C) 39093/2018

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PETITIONER EXHIBITS

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`EXHIBIT P1`	`TRUE` `17/07`	`COPY` `/2015.`	`OF`	`THE`	`ORDER`	`DATED`
`EXHIBIT P2`	`TRUE` `TRAVA` `13/08`	`COPY` `NCORE` `/2014.`	`OF` `DEV`	`THE` `ASWOM`	`ORDER` `BOARD`	`OF THE` `DATED`
`EXHIBIT P2(A)`	`TRUE` `TRAVA` `01/01`	`COPY` `NCORE` `/2014.`	`OF` `DEV`	`THE` `ASWOM`	`ORDER` `BOARD`	`OF THE` `DATED`
`EXHIBIT P2(B)`	`TRUE` `TRAVA` `02/07`	`COPY` `NCORE` `/2016.`	`OF` `DEV`	`THE` `ASWOM`	`ORDER` `BOARD`	`OF THE` `DATED`
`EXHIBIT P2(C)`	`TRUE` `TRAVA` `27/04`	`COPY` `NCORE` `/2012.`	`OF` `DEV`	`THE` `SWOM`	`ORDER` `BOARD`	`OF THE` `DATED`
`EXHIBIT P3`	`TRUE` `23/09`	`COPY OF` `/2016.`	`THE`	`REPR`	`ESENTATI`	`ON DATED`
`EXHIBIT P4`	`TRUE` `SUBMI` `DEVAS`	`COPY` `TTED TO` `WOM BOA`	`OF` `THE` `RD DA`	`THE` `PRESI` `TED 2`	`REPRES` `DENT, TR` `2/03/2018`	`ENTATION` `AVANCORE` `.`
`EXHIBIT P5`	`TRUE` `FORWA` `07/06`	`COPY` `RDED T` `/2018.`	`OF` `O`	`THE` `THE`	`COMMU` `OMBUDSMAN`	`NICATION` `DATED`
`EXHIBIT P6`	`TRUE` `TRAVA` `07/06`	`COPY` `NCORE` `/2018.`	`OF` `DEV`	`THE` `ASWOM`	`ORDER` `BOARD`	`OF THE` `DATED`
`EXHIBIT P7`	`TRUE` `SUBMI` `COMMI` `DATED`	`COPY` `TTED BY` `SSIONER` `10.05.`	`OF` `THE` `, TRV` `2024`	`THE` `PETIT` `ANCOR`	`REPRES` `IONER BE` `E DEVASW`	`ENTATION` `FORE THE` `OM BOARD`
`EXHIBIT P8`	`TRUE`	`COPY O`	`F THE`	`ORDE`	`R ISSUED`	`BY THE`

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WP(C) NO. 39093 OF 2018 -5-

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COMMISSIONER,TRAVANCOREDEVASWOM
BOARD DATED 05.06.2024 NO.ROC/21152/
12/MIS .B

K. Sivadasa Warrier v. Travancore Devaswom Board

Case brief

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K. Sivadasa Warrier v. Travancore Devaswom Board

Case brief

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