IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 23RD JULY 2009 / 1ST SRAVANA 1931 DBP.No. 24 of 2009() (In the matter of Travancore Devaswom Board - Complaint raised by the Legal Assistants working under the Board - Reprt No. 61/2009 by Ombudsman - Suo motu proceedings initiated:- PARTIES: 1. THE SECRETARY, TRAVANCOROE DEVASWOM BOARD, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR, LOCAL FUND AUDIT, TRAQVANCORE DEVASWOM AUDIT, THIRUVANANTHAPURAM. ADV. SRI.V.KRISHNA MENON,SC FOR TDB. SRI.KRISHNAKUMAR MANGOT(AMICUS CURIAE FO FOR OMBUDSMAN GOVERNMENT PLEADER SRI. R. LAKSHMI NARAYAN. THIS DEVASWOM BOARD PETITION HAVING COME UP FOR ADMISSION ON 23/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMAN & P. BHAVADASAN, JJ. = = = = = = = = = = = = = = = = = = = D.B.A. NO. 24 OF 2009 = = = = = = = = = = = = = DATED THIS, THE 23RD DAY OF JULY, 2009. J U D G M E N T Raman, J. The Legal Assistants working in the Travancore Devaswom Board made a representation to the Ombudsman appointed by this Court. The gist of the complaint is that once they are appointed as Legal Assistants, there is no promotional avenues and they get stagnated. According to them, there are several posts in the Travancore Devaswom Board where knowledge of law is essential. Liaison Officer (Legal Affairs), Assistant Commissioner ( Legal affairs ) in the Devaswom Board etc. are some such posts. Though representations were made to the Board repeatedly, it did not yield any result. 2. Even though the view of the Board was sought for , the Board did not respond. This attitude of the Board is to be deprecated. When this Court has appointed an Ombudsman with specific powers conferred on him and he has taken upon his shoulders the duty of looking into the grievance of the employees and wanted to ascertain certain facts from the Board, the Board should have placed on record the relevant facts and materials and D.B.P. 24/2009 2 filed a statement before the Ombudsman. The Board is bound to do so since if any recommendation is made subsequent to the consideration of the views of the Board also, the work of this Court will be minimized and again the parties need not be given an opportunity to file their pleadings. By the recalcitrant attitude of the Board, this has now become impossible. The learned Standing Counsel will bring to the notice of the Board to be more prudent hereafter at least. 3. The Ombudsman reports, in such circumstances, that though the complaint is genuine, appropriate suggestions could not be made and left the matter for this Court to decide. Whether any promotional channel should be created for the Legal Assistants is a policy matter. Rules will have to be amended and posts will have to be identified. The Honourable Apex Court has, time and again, held that the person who enters service aspires for promotion and to make him retire in the same post to which he was appointed initially will only create frustration. Therefore, it is for the employer to take remedial measures and make the service of such Law Graduates in a beneficial manner. Some of the posts are pointed out by themselves. However, since this is a policy matter, it may not be appropriate for the court to issue directions in this behalf. But we can certainly direct the Board to call the representatives of the Legal Assistants, D.B.P. 24/2009 3 get their suggestions, explore the possibilities of creating channels or identify posts to which promotions can be given and take steps for amending the special rules. Even though in the affidavit filed by the Board, it is stated that the matter will be considered at the time of amending the special rules, when such amendment is going to take place is not stated. Matters cannot be left in nebulous state of affairs. They should consider the matter, constitute a special committee and then take up the issue of amendment of the rules in accordance with law. We hope this will be done without delay. With the above observation, this D.B.P. is closed. P.R. RAMAN, JUDGE P. BHAVADASAN, JUDGE. KNC/-