IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 14TH JULY 2011 / 23RD ASHADHA 1933 WP(C).No. 12288 of 2010(I) --------------------------------------- PETITIONER(S): ------------------------ 1. S. REMADEVI, LASCAR, TRAVANCORE DEVASWOM BOARD PRESS, THIRUVANANTHAPURAM. 2. R. VIJAYALEKSHMY, LASCAR, TRAVANCORE DEVASWOM BOARD PRESS, THIRUVANANTHAPURAM. BY SRI.KRB.KAIMAL, SENIOR ADVOCATE, ADV. SRI.B.UNNIKRISHNA KAIMAL. RESPONDENT(S): -------------------------- 1. THE TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, DEVASWOM BOARD OFFICE, THIRUVANANTHAPURAM. 2. THE DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM. 3. THE DIRECTOR, CULTURAL AFFAIRS, TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM. R1 TO R3 BY ADV. SRI.P.GOPAL, SC. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 12288 of 2010(I) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE RELEVANT PAGES OF SSLC BOOK OF THE 1ST PETITIONER. EXT.P2: COPY OF THE KGTE CERTIFICATE OF THE 1ST PETITIONER. EXT.P3: COPY OF THE PAGE 1 OF SSLC BOOK OF THE 2ND PETITIONER. EXT.P4: COPY OF THE KGTE CERTIFICATE OF THE 2ND PETITIONER. EXT.P5: COPY OF THE ORDER NO.904/90/CA DATED 24/02/1990 ISSUED BY THE 3RD RESPONDENT. EXT.P6: COPY OF THE NOTIFICATION NO.ROC.1116/89/EST. DATED 25/03/1993 ISSUED BY THE 1ST RESPONDENT. EXT.P7: COPY OF THE NOTIFICATION DATED 23/04/2005 ISSUED BY THE 2ND RESPONDENT. EXT.P8: COPY OF THE ORDER ROC NO.4995/98/EST.1 DATED 07/06/2005 ISSUED BY THE 1ST RESPONDENT TOGETHER WITH THE SELECT LIST. EXT.P9: COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN WP(C) NO. 18173/04 DATED 15/07/2008. EXT.P10: COPY OF THE ORDER NO.ROC.NO.20721/09/ESTT DATED 27/10/2009 ISSUED BY THE 2ND RESPONDENT TO THE 1ST PETITIONER. EXT.P11: COPY OF THE ORDER NO.ROC.NO.20721/09/ESTT DATED 27/10/2009 ISSUED BY THE 2ND RESPONDENT TO THE 2ND PETITIONER. EXT.P12: COPY OF THE JOINT REPRESENTATION DATED 22/01/2010 SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT. EXT.P13: COPY OF THE ORDER ROC.NO.8199/08/ESTT.II DATED 07/01/2011 ISSUED BY THE 1ST RESPONDENT. EXT.P14: COPY OF THE ORDER DATED 23/06/2009 IN R.P. NO.120/2009. EXT.P15: COPY OF THE ORDER DATED 23/07/2009 IN DBA.94/2004. EXT.P16: COPY OF THE ORDER ROC.NO.2070/09/ESTT DATED 27/10/2009 ISSUED BY THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE rs THOTTATHIL B.RADHAKRISHNAN & K.SURENDRA MOHAN, JJ. ----------------------------------- W.P(C).No.12288 OF 2010 ------------------------------------ Dated this the 14th day of July, 2011 JUDGMENT Thottathil B.Radhakrishnan,J. 1.The six petitioners have virtually sweated as binders in the Travancore Devaswom Board press. They were treated as temporary employees. When they approached this Court earlier, it was directed that they be considered for absorption on regular basis and the Board was required to apply to this court for grant of permission to sanction additional posts. Obviously, it meant that such regularisation has to be in the category of binders. The Board applied to this Court for permission to enhance the staff strength and that was granted. However, thereafter, the petitioners before us were held to be not qualified to hold the post of binders and accordingly, they have been regularised as Lascars. This is under challenge. WPC.12288/10 2 2.The stand of the Board in the counter affidavit is that, to be a binder, one has to possess KGTE Lower and also ought to have passed the SSLC Examination. The petitioners who admittedly have not passed the SSLC examination are not, therefore, eligible to be regularised as binders, it is contended. 3.Adverting to Ext.P6 Recruitment Rules and Ext.P7 notification, we find clear distinction being maintained by the Board on the concept of passing an examination and completing the course. For different categories, 'studying up to SSLC' is prescribed as the qualification, whereas in different other posts, it is specifically provided that the candidate should have 'passed the SSLC examination'. For the post of binder, which is at Sl.No.8 in the Annexure to Ext.P6 Recruitment Rules, the requirement is only that the candidate has studied up to SSLC standard or equivalent. He need not have passed the SSLC examination. That qualification is required for posts at Sl.Nos.7, 6 etc. Not only that, the category of Lascar requires that a person should WPC.12288/10 3 have passed 7th standard. The clear distinction between the concept of 'passing an examination' and 'studying for a course' having been maintained specifically in Exts.P6 and P7, there was no reason to exclude the petitioners who had completed the SSLC course from being regularised as binders in the TDB press following the earlier orders. In the result, the impugned order, to the extent it is against the petitioners, is quashed and the respondents are directed to regularise the appointment of the petitioners as binders from the date on which their appointment as lascars have been made. Consequential orders shall be made and issued within a period of one month from now. Any monetary benefit due on such exercise would be released within a further period of one month. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- K.SURENDRA MOHAN, Judge. kkb.21/7.