IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 16TH DECEMBER 2008 / 25TH AGRAHAYANA 1930 OP.No.9430 of 1998(V) ---------------------------- PETITIONER: --------------- SATHEESH KUMAR A.V., SURVEYOR, OFFICE OF THE DIVISIONAL ENGINEER, PLANNING AND INVESTIGATION WING, TIRUVALLA. BY ADV. SRI. B. GOPAKUMAR SMT. CHINCY GOPAKUMAR RESPONDENT: ----------------- THE TRAVANCORE DEVASWOM BOARD, REP. BY ITS SECRETARY, THIRUVANANTHAPURAM. ADV. SRI.P.G.PARAMESWARA PANICKER (SR.) SRI.P.GOPAL THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 16/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP.No.9430/1998 Order on C.M.P.No.16004/1998 in OP.No.9430/1998 Dismissed. 16.12.2008 Sd/- S. SIRI JAGAN, JUDGE A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF REPRESENTATION DT. 6.6.97 SUBMITTED BY THE PETITIONER & 3 OTHERS TO THE RESPONDENT. EXT. P2 : COPY OF JUDGMENT IN O.P.22576/97-K DT. 19.12.97 OF THIS HON'BLE COURT. EXT. P3 : COPY OF PROCEEDINGS No.R.O.C.No.5907/92/SUIT/ EST.I DTD. 20.2.98 OF THE TRAVANCORE DEVASWOM BOARD. // True Copy // P.A. to Judge. smp S. SIRI JAGAN, J. ------------------------------------ O.P.No. 9430 OF 1998 ---------------------------------------- Dated this the 16th day of December, 2008 JUDGMENT The petitioner was appointed as a Surveyor on temporary basis in the Travancore Devaswom Board on 1.3.1993. The petitioner's prayer in this original petition is to regularise his service. Some other persons, who were also working as Surveyors had field another Original petition namely, O.P.No.24204/1998 also seeking regularisation of their service. In that Original Petition, a Division Bench of this Court has passed the following judgment. “The O.P. was filed in 1998 for direction to the Devaswom Board to regualarise the petitioners in service. Petitioners were appointed on temporary basis for surveying Devaswom properties. However, after survey was over, they were appointed as Grade III Overseers on temporary basis. In fact even though two of the petitioners were terminated once, they were again appointed on temporary basis. Counsel for the petitioner contended that Devaswom has vacancies to accommodate the petitioners on regular basis and they have been in service for more than 10 years now. Therefore, the direction sought is for regularisation. However, Devaswom Board has filed a statement stating that the petitioners are allowed to O.P.No.9430/1998 2 continue as Grade III Overseers pending disposal of the O.P. If Devaswom Board has regular vacancies for the post of Overseers, we see no reason why petitioners should not be regularised as they were continuing for ever ten years in service of the Board. We, therefore, dispose of the O.P. with direction to the Devaswom Board to consider regularisation of the petitioners in service. If Overseer's post is not available on regular basis, the Board can consider petitioners for appointment to other suitable posts”. Now the petitioner submits that identical relief may be granted to the petitioner in this original petition also. But the petitioner points out that in O.P.No.24204/98 the petitioners were also eligible to be considered for appointment as Gr.III Overseers, which the petitioner is not, since he does not have the qualifications prescribed for that post. However, he submits that he is entitled to be appointed as Surveyor. According to the petitioner, there is a post available for such appointment. In the above circumstances, following the said Division Bench decision, I dispose of this original petition with a direction to the respondent – Board to consider regularisation O.P.No.9430/1998 3 of the petitioner in service. If no post of Surveyor is available as contended by the petitioner, the Board shall consider the petitioner for appointment to any other suitable post. S. SIRI JAGAN, JUDGE Acd O.P.No.9430/1998 4