IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 1550 of 2009()
1. THE MANAGING COMMITTEE,SREE TTK DEVASWOM
... Petitioner
2. SREE TTK DEVASWOM,THALIPARAMBA,
Vs
1. K.C.KESHAVAN NAMBIAR,
... Respondent
2. P.V.NANU,S/O.KRISHNAN,AGED 53 YEARS,
3. M.MOHANAN,S/O.KUNHAPPAKURUP,
4. T.V.NARAYANA VARIER,S/O.NARAYANA VARIER,
5. E.ASHOKAN,W/O.P.KRISHNAN,AGED 35 YEARS,
6. SHAILAJA SREEDHAR,W/O.JANARDHANAN,
7. V.P.JAYASREE,D/O.V.P.KUNHAMBU,
8. A.V.KAMALAKSHI,D/O.DEVAVI PILLAYARAMMA,
9. C.NARAYANAN,S/O.KUNHIRAMAN,42 YEARS,
10. THE COMMISSIONER MALABAR DEVASWOM BOARD,
11. STATE OF KERALA,
12. A.V.NAVEEN,S/O.NARAYANAN P.,26 YEARS,
13. A.V.RANJITH,S/O.VELAYUDHAN,26 YEARS,
14. SIJITH KUMAR,S/O.AYYAPPAN PILLAI,
15. DHANESH M.,AGED 22 YEARS,
16. ANOOP P.,S/O.CHANDRAN,
17. RAJESH K.,S/O.RAJAN,HARINANDANAM,
18. AJITHA M.V.,W/O.NATRAJAN,
For Petitioner :SMT.PRABHA R.MENON
For Respondent : No Appearance
The Hon'ble MR. Justice K.BALAKRISHNAN NAIR
The Hon'ble MR. Justice C.T.RAVIKUMAR
Dated :17/07/2009
O R D E R
K. BALAKRISHNAN NAIR
&
C.T. RAVIKUMAR, JJ.
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W.A. NO. 1550 OF 2009
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Dated this the 17th day of July, 2009
JUDGMENT
Balakrishnan Nair, J.
Respondents 3 and 4 are the appellants. This appeal is filed against
the interim order passed by the learned Single Judge on 13.7.2009. The
writ petitioners were appointed by the first appellant under the second
appellant, initially on daily wage basis and later, on regular basis. The first
respondent declined to approve the appointments of the writ petitioners by
Ext.P15 order and the Government, by Ext.P21, affirmed the same. It was
observed in Ext.P21 that since the posts were not sanctioned by the first
respondent, no regular appointments should have been made. It was further
observed that if posts are sanctioned by the Government, the writ
petitioners shall be preferred, provided they are otherwise qualified. The
said order of the Government was passed on 3.6.2009. Immediately, the
first appellant met on 16.6.2009 and resolved to terminate the writ
petitioners. On 17.6.2009, they were terminated and in their place, new
W.A. NO. 1550/2009 2
hands were appointed on daily wage basis. The writ petitioners
approached this Court challenging Exts.P15 and P21. The learned Single
Judge directed retention of the writ petitioners. It was also clarified that
the said order will not stand in the way of continued engagement of the
newly appointed persons. Feeling aggrieved by the said direction, this
Writ Appeal is filed.
2. The learned senior counsel who appeared for the appellants
submitted that even before the initial stay order granted by this Court when
the Writ Petition came up for admission on 18.6.2009, the writ petitioners
were already terminated and in their place, others were engaged. So, the
interim order passed by this Court is creating problems for the appellants.
It is impossible to accommodate the writ petitioners as also the newly
engaged hands.
3. Immediately on receipt of the order of the Government, the first
appellant had chosen to terminate the writ petitioners and induct new
hands. So, the problem faced by the appellants is their own creation. If
the direction of the learned Single Judge is causing any practical problem,
they can approach the learned Single Judge and appropriate modification
of the order can be sought. We think this is not a fit case where this Court
W.A. NO. 1550/2009 3
should entertain this appeal, in view of the principles laid down by a
Larger Bench of this Court in K.S. Das v. State of Kerala, 1992(2)
K.L.T. 358.
Accordingly, this Writ Appeal is dismissed, without prejudice to the
right of the appellants to move the learned Single Judge for appropriate
modification of the order, if there is genuine difficulty in implementing
the order under appeal.
(K. BALAKRISHNAN NAIR)
JUDGE
(C.T. RAVIKUMAR)
JUDGE
sp/
W.A. NO. 1550/2009 4
K.BALAKRISHNAN NAIR
&
C.T. RAVIKUMAR, JJ.
W.A. NO.1550/2009
JUDGMENT
17th July, 2009