High Court Kerala High Court

M. Govindan vs The Guruvayur Devaswom on 27 August, 2008

Kerala High Court
M. Govindan vs The Guruvayur Devaswom on 27 August, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP.No. 27296 of 2002(Y)


1. M. GOVINDAN, U.D. CLERK,
                      ...  Petitioner

                        Vs



1. THE GURUVAYUR DEVASWOM,
                       ...       Respondent

2. THE ADMINISTRATOR, GURUVAYUR

3. P. SREENARAYAN, U.D. CLERK,

4. C.V. VIJAYAN, U.D. CLERK,

                For Petitioner  :SRI.P.BHASKARAN

                For Respondent  :SRI.U.K.RAMAKRISHNAN, SC, GDB

The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice V.K.MOHANAN

 Dated :27/08/2008

 O R D E R
                 C .N. RAMACHANDRAN NAIR &
                         V.K. MOHANAN, JJ.
                 --------------------------------------------
                O.P. Nos. 27296, 28896 & 37514/2002
                 --------------------------------------------
                Dated this the 27th day of August, 2008

                               JUDGMENT

Ramachandran Nair,J.

The question raised in all these connected cases pertains to inter-

se seniority of LD Clerks in Guruvayur Devaswom. All the petitioners

were appointed as LD Clerks and all of them were later promoted as

UD Clerks. The issue cropped up only when promotions were given

from the cadre of LD Clerk to UD Clerk wherein respondents 3 and 4

in O.P. 27296 of 2002 were given seniority over the petitioner in that

O.P. The case of the petitioner in OP 27296 of 2002 is that he was

appointed against a regular vacancy on 6.1.1988 as LD Clerk while

respondents 3 and 4 were appointed later. However, the case of

respondents 3 and 4 is that they were appointed on the very same date

on which petitioner was appointed and going by Regulation 15 of the

Guruvayur Devaswom Employees Regulations, seniority will depend

upon the age of the persons who join on the same date in the same

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cadre. Counsel for the Administrator of the Devaswom submitted that

even though Devaswom committee decided the seniority in favour of

the petitioner in OP 27296 of 2002 vide Ext.P8, the same is not correct

decision because it is in violation of Regulation 15 which provides for

seniority based on age if the contesting parties join the same date in the

same post.

2. Regulation 15 of the Regulations is not under challenge.

According to this Regulation seniority among persons who join in the

same post on the same date will be based on age and elder gets

seniority over the person younger to him. In this case, the accepted

position is that petitioner in OP 27296 of 2002 is younger to

respondents 3 and 4 and therefore the only remaining question is as to

the date on which all of them joined as LDC. It is immaterial whether

appointment is on regular basis or on temporary basis because in 1989

appointments of respondents 3 and 4 were regularised with effect from

the date on which they were provisionally appointed to the post of LDC

vide Ext.P10, which has become final. We therefore dispose of all

these O.Ps. with direction to the Administrator to verify the actual date

on which petitioner and respondents 3 and 4 joined the service as LDC

whether on regular or temporary basis, and grant seniority by applying

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the above principle contained in Regulation 15 of the Regulations.

However, if respondents 3 and 4 were not appointed on temporary

basis on 6.1.1988 as claimed by them, then obviously petitioner in OP

27296 of 2002 is entitled to seniority. However, if they joined on the

very same date that is on 6.1.1988 then they are entitled to seniority, if

they are senior in age to the petitioner in OP 27296 of 2002. The

Administrator is directed to communicate his decision after verifying

the records without any delay. There will also be direction to the

Administrator to prepare a draft seniority list, publish the same and

finalise the same after hearing objections of all concerned. If any of the

parties wants to verify the records pertaining to the date of joining

service, the Administrator will permit the same.

(C.N.RAMACHANDRAN NAIR)
Judge.

(V. K. MOHANAN)
Judge.

kk

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