High Court Kerala High Court

Santhosjhkumar Raja K vs Cochin Devaswom Board on 20 October, 2008

Kerala High Court
Santhosjhkumar Raja K vs Cochin Devaswom Board on 20 October, 2008
       

  

  

 
 
  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.

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W.P.(C) No. 26510 of 2003

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JUDGMENT

20th October , 2008