IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 15TH JULY, 2008 / 24TH ASHADHA, 1930 WP(C).No. 18173 of 2004 (L) PETITIONERS: ------------------ 1. P.K. CHANDRA BABU, COMPOSITOR (DAILY WAGE) DEVASWOM BOARD PRESS, TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM. 2. K.R. JAYARANI, BINDER (DAILY WAGE) DEVASWOM BOARD PRESS, THIRUVANANTHAPURAM. 3. S.S. SANDHYARANI, DO. DO. 4. V. LEKHA, DO. DO. 5. T.R. SANDHYARANI, DO. DO. 6. S. REMADEVI, DO. DO. 7. R. VIJAYALAKSHMY, DO. DO. 8. K.R. LEKHA, MISCELLANEOUS WORKER, DEVASWOM BOARD PRESS, THIRUVANANTHAPURAM. 9. G. JAYASANKAR, LASCAR (DAILY WAGE) DEVASWOM BOARD PRESS, THIRUVANANTHAPURAM. 10. G. SARASWATHY ANTHARJANAM, SWEEPER (DAILY WAGE), DEVASWOM BOARD PRESS, THIRUVANANTHAPURAM. BY ADV. SRI.KRB.KAIMAL (SR.) SRI.B.UNNIKRISHNA KAIMAL W.P(C) NO.18173 OF 2004 :-2-: RESPONDENTS: ------------------- 1. THE TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, DEVASWOM BOARD OFFICE, THIRUVANANTHAPURAM. 2. THE DIRECTOR, CULTURAL AFFAIRS DEPARTMENT, TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM. BY ADV. SRI.P.G.PARAMESWARA PANICKER,SC, TDB SRI.P.PARAMESWARAN NAIR, SC, TDB FOR R1 & 2 SRI.K.N.VENUGOPALA PANICKER, SC, TDB FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX (WP(C) No.18173 OF 2004) PETITIONER'S EXHIBITS: Ext.P1: Copy of the order dtd.8.2.1992 issued by R1. Ext.P2: Copy of the order dtd.12.4.1991 issued by R2. Ext.P3: Copy of the order of this Court in CMP No.40465/99 in OP 3821/90 dtd.6.10.99. Ext.P4: Copy of the letter dtd.25.11.97 of R2 to R1. Ext.P5: Copy of the judgment of this Court in OP 28829 of 1999 dtd.7.1.04. Ext.P6: Copy of the order dtd.27.4.2004 issued by R1. Ext.P7: Copy of the letter dtd.7.6.05 of R1. Ext.P7(a): Copy of the list annexed to Ext.P7. -True Copy- P.A.to Judge. C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. --------------------------------------------- W.P(C).No. 18173 of 2004 - L --------------------------------------------- Dated this the 15th day of July, 2008 J U D G M E N T Ramachandran Nair,J: Heard counsel for the petitioners and Standing Counsel appearing for the Devaswom Board. 2. The petitioners were appointed in the Press run by the Devaswom Board for the last 14 to 17 years. Even though they were appointed on daily wage basis without any selection process, applications were later invited for appointment of daily wage employees in the Press. All of the petitioners were found eligible and the Devaswom Board, after notional termination, re-employed the petitioners to continue the same work they were doing in the press. It is seen that all the petitioners are engaged in manual work in the press. The reply affidavit filed by the petitioners shows that as of now, all of them were doing the same work under the Devaswom Board on daily wage basis for 14 to 17 years. This obviously means that the employment is of a regular nature. WP(C) NO.18173 of 2004 :-2-: 3. Since the posts are regular, we feel, the Devaswom Board should approach this Court for sanctioning creation of regular posts for accommodating the petitioners. However, since we are not the designated Devaswom Bench, we close this writ petition, directing the Devaswom Board to retain the petitioners in service and apply to this Court for sanctioning posts for the petitioners. C.N.RAMACHANDRAN NAIR, Judge V.K.MOHANAN, Judge MBS/ WP(C) NO.18173 of 2004 :-3-: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. -------------------------------------------- I.T.A.NO. 81 OF 2000 ------------------------------------ J U D G M E N T WP(C) NO.18173 of 2004 :-4-: DATED:17-6-2008