IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 26510 of 2003(E)
1. SANTHOSJHKUMAR RAJA K.,
... Petitioner
Vs
1. COCHIN DEVASWOM BOARD, REPRESENTED
... Respondent
2. SECRETARY,
3. GOVERNMENT OF KERALA, REPRESENTED BY
For Petitioner :SRI.P.RAVINDRAN (SR.)
For Respondent :SRI.M.RAMESH CHANDER
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :20/10/2008
O R D E R
C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ.
-----------------------------------------
W.P(C) No.26510 of 2003
-----------------------------------------
Dated this the 20th day of October, 2008
JUDGMENT
Ramachandran Nair .J,
This Writ petition is filed to challenge the denial of employment to
the petitioner in the Establishment Wing of the Cochin Devaswom Board
on compassionate grounds after the death of his father who was a Santhi.
We have heard counsel appearing for the petitioner and standing counsel
appearing for the Devaswom Board.
It is pointed out that the person who claims under the dying-in-
harness scheme can be appointed in the temple wing only if the
candidate is a male and in the Establishment wing if the candidate is a
female. When the petitioner applied for employment, being the son of
the deceased employee, he was offered a suitable job in other posts in
the temple which was not accepted by the petitioner insisting that he
should be given a job as Assistant/Clerk in the Establishment Wing.
Since the Rule did not allow the petitioner to get job, he is challenging the
provision for appointment for only women as discriminatory and
violative of Article 14 & 15 of the Constitution of India. We do not find
any discrimination because there is clear distinction in Rule 12 to the
effect that when there were no male dependents for deceased employee
women shall be given employment in the Establishment wing in
W.P. (C) No. 26510 of 2003 -2-
accordance with their qualification. We are of the view that women are
not eligible for employment as temple employees because at young age,
they cannot enter the temple for six or seven days in a month.
Consequently, the Board rightly offer them the facility to get employment
in the Establishment Wing of the temple where they can work for all the
days in a month. Therefore there is a rational basis in the distinction
between gents and ladies claiming employment in the Devaswom Board.
Consequently, we uphold the Rule that provides for appointment in the
Establishment Wing only for female dependents. Moreover, it will be still
open to the petitioner to opt for a suitable employment in the post of
temple employees based on Ext.P9 and to file an application in this
regard without any delay.
(C.N.RAMACHANDRAN NAIR,JUDGE)
(HARUN-UL-RASHID, JUDGE)
es.
C.N.RAMACHANDRAN NAIR
&
HARUN-UL-RASHID, JJ.
———————————
W.P.(C) No. 26510 of 2003
——————————-
JUDGMENT
20th October , 2008