IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 8TH JANUARY 2009 / 18TH POUSHA 1930 WP(C).No. 31909 of 2008(W) -------------------------- PETITIONER: --------------- JAYALAKSHMI AMMA.K., AGED 39, W/O.LATE UNNIKRISHNAN M.A., CHEMMARAPPALLIL HOUSE, THALAYAZHAM P.O., VAIKKOM. BY ADV. SRI.K.S.MADHUSOODANAN SRI.T.V.JAYAKUMAR NAMBOODIRI SRI.THUSHAR NIRMAL SARATHY SRI.M.M.VINOD KUMAR SMT.K.M.RAMYA RESPONDENTS: ------------------ 1. TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM REPRESENTED BY SECRETARY. 2. DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM. ADV. SRI.P.G.PARAMESWARA PANICKER (SR.) FOR R1 & 2 SRI.P.GOPAL FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.31909 of 2008 -------------------------- Dated this the 8th January,2009 J U D G M E N T The petitioner has approached this Court seeking to quash Exhibits P1 to P4 and for a direction to respondents to appoint the petitioner as a Clerk under the Dying-in-harness Scheme. Petitioner's husband while working as Watcher in Sree Karthiyani Devi Temple in Aroor died in harness on 16.6.2001. Apart from the petitioner, he left a son aged 12. Petitioner had filed Exhibit-P1 application for appointment under the Dying- in-harness Scheme. She was given a reply as per Exhibit- P2 stating that she has been included in the seniority list for such clerical appointment. Petitioner was representing before the Board continuously seeking appointment. In reply to the last representation it was informed to her that as regards such candidates included in the seniority list for appointment as Clerk/Peon, the Devaswom Board is also considering their appointment W.P ( C) No.31909 of 2008 2 in the posts of Kazhakam/Thali/Santhi/Panchavadyam/ Thakil/Nadaswaram in accordance with the qualification. The petitioner was directed to submit a consent letter in stamp paper for Rs.50/-, it it was agreeable to her. This is challenged by the petitioner in this writ petition. 2. According to the petitioner, she is entitled to be appointed as Clerk under the Scheme and the offer made by the Board by way of alternative appointment as a temple employee is not acceptable at all. It is submitted that the attempt is to defeat her rights for due appointment in the post of Clerk. 3. First respondent has filed a counter affidavit stating the following facts. As per the Rules only ten percent of the vacancies arising in a financial year shall be filled up by the Board under the Dying-in-harness-Scheme. The last candidate appointed from the 2nd list of clerk prepared under the scheme is Smt.K.R Lekha. She is Sl.No.25 in the 2nd list. Serial No.26 to 28 in the 2nd list have opted for the post of Peon and they were appointed as Peon. 11 candidates are yet to be given appointment as W.P ( C) No.31909 of 2008 3 the post of Clerk from the 2nd list under the Scheme. The petitioner is Sl. No.30 in the 3rd list of clerks prepared by the Board under the scheme. The petitioner will get appointment as clerk as and when her turn comes. 4. It is also stated in paragraph 9 of the counter affidavit that there are two vacancies of clerk available at present under the scheme and that the said vacancies are to be filled up by appointing Sl. No.29 and 30 from the 2nd list of clerk prepared by the Board under the Dying-in- harness-Scheme. The petitioner is not entitled to get appointment as Clerk in the existing two vacancies. It has been made clear by the respondents in the counter affidavit that the Board or the other respondents have not compelled the petitioner to act upon Exhibit-P4 and it was only an offer made by them, if the petitioner wishes for an immediate appointment. 5. In that view of the matter, it cannot be said that -P4 has the effect of denying her claim for appointment under the Dying-in-harness-Scheme. There was no W.P ( C) No.31909 of 2008 4 compulsion to accept appointment as a temple employee. As it is made clear in the counter affidavit that she will be offered an appointment as a Clerk in accordance with the turn, the same will satisfy the grievance raised by the petitioner in the writ petition. Recording the same, the writ petition is closed. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No.31909 of 2008 5 W.P ( C) No.31909 of 2008 6