IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 11TH FEBRUARY 2011 / 22ND MAGHA 1932 WP(C).No. 21324 of 2005(L) ---------------------------------------- PETITIONER(S): ---------------------- K. SHIBU, AGED 31, S/O.V. KRISHNANKUTTY, SREEKRISHNA NIVAS, VELAVETTY, KOTTOOR P.O., THIRUVANANTHAPURAM. BY ADV. SRI.S.V.RAJAN, SRI.S.ARUN RAJ. RESPONDENT(S): -------------------------- 1. TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, TRAVANCORE DEVASWOM BOARD HEAD QUARTERS, NANTHENCODE, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER (GENERAL), TRAVANCORE DEVASWOM BOARD, NANTHENCODE, THIRUVANANTHAPURAM. 3. THE EXECUTIVE ENGINEER, TRAVANCORE DEVASWOM BOARD, KOTTAYAM. R1 TO R3 BY SRI.P.G.PARAMESWARA PANICKER, SENIOR ADVOCATE, ADV. SRI.P.GOPAL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C) NO. 21324/2005-L APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE POSTING ORDER (R.O.C.NO.1242/2002/MIS-I) DATED 20/05/2002 ISSUED BY THE 1ST RESPONDENT. EXT.P2: COPY OF THE APPOINTMENT LETTER DATED 21/05/2002 ISSUED BY THE CHIEF ENGINEER (II) OF THE 1ST RESPONDENT TO THE PETITIONER. EXT.P3: COPY OF THE PAY SCALE FIXATION ORDER DATED 16/08/2002 IN RESPECT OF THE PETITIONER'S SERVICE ISSUED BY THE 1ST RESPONDENT. EXT.P4: COPY OF THE REPRESENTATION DATED 29/12/2004 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P5: COPY OF THE LETTER NO.PF-EST-2/2002 DATED 18/03/2005 SENT BY ASSISTANT ENGINEER, TRAVANCORE DEVASWOM BOARD AT ALUVA TO THE 3RD RESPONDENT. EXT.P6: COPY OF THE LETTER NO.1647 DATED 11/05/2005 ISSUED BY THE CHIEF ENGINEER (GENERAL) TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM TO THE 1ST RESPONDENT. EXT.P7: COPY OF THE ORDER UNDER REF.NO.R.O.C.3942/05/MIS-I DATED 30/06/2005 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. EXT.P8: COPY OF THE ORDER UNDER REF NO.R.O.C.22128/04/MIS-I DATED 09/06/2005 ISSUED BY THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE rs T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.21324 Of 2005 ----------------------------------------------------- DATED THIS THE 11th DAY OF FEBRUARY, 2011 J U D G M E N T The petitioner approached this Court seeking for a direction to continue him in the post of Watcher-cum-Sweeper under the Travancore Devaswom Board and to regularise him as such. 2. By Exhibit P1 order, he was given a posting. According to him, he was continuing thereafter and has worked as temporary Watcher-cum-Sweeper at Perumanam Palace, Thrissur which come under the North Parur group of Travancore Devaswom Board. It is also stated that he was granted a basic pay of Rs.1890/- with admissible DA at the pay scale of Rs.1850- 40-2610. Exhibit P3 is the pay fixation order. The petitioner by Exhibit P4 representation requested for regularisation of the service and the request was forwarded as per Exhibit P5 letter by the Assistant Engineer to the 3rd respondent. Exhibit P6 is the letter forwarded by the Chief Engineer to the 1st respondent with regard to the said request. Finally, by Exhibit P7, the said request was rejected. The petitioner, thereafter was informed as per Exhibit P8 that the continuance will be on a temporary basis W.P.(C)No.21324/05 -2- for 89 days. It is in these circumstances that the petitioner approached this Court by filing this Writ Petition. 3. The learned Standing Counsel for the Board submitted that the Chief Commissioner had taken a decision with regard to regularisation of various employees who had completed five years continuous service as on 1.7.2009. Accordingly, a list of employees was prepared and the list was produced before this Court for approval also. The employees have been given option to come to temple establishment, subject to certain conditions. 4. In the light of the above, the petitioner can approach the Board by filing appropriate representation. Thereafter the Board will get a report from the Chief Engineer(General) in the matter and appropriate decision will be taken in the light of the scheme for regularisation already adopted with respect to such employees. Such a decision will be taken within a period of three months. The Writ Petition is disposed of as above. Sd/-( T.R.RAMACHANDRAN NAIR, JUDGE) dsn True copy P.A.to Judge