IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 27TH JANUARY 2010 / 7TH MAGHA 1931 WA.No. 130 of 2010() -------------------- AGAINST THE JUDGEMENT IN WPC.29209/2009 Dated 09/11/2009 .................... APPELLANT(S): PETITIONERS ------------------------- 1. SREENIVASAN, PART TIME SWEEPER, ASSISTANT ENGINEER'S OFFICE, TRAVANCORE DEVASWOM BOARD,KOLLAM. 2. P.R.BEENA, PART TIME SWEEPER, ASSISTANT ENGINEER'S OFFICE, TRAVANCORE DEVASWOM BOARD,PUNALOOR. 3. SUSEELAN, PART TIME SWEEPER, ASSISTANT ENGINEER'S OFFICE, TRAVANCORE DEVASWOM BOARD,KARUNAGAPPALLY. 4. J.SREERAJ, PART TIME SWEEPER, ASSISTANT ENGINEER'S OFFICE, TRAVANCORE DEVASWOM BOARD,THIRUVALLA. 5. M.P.VALSAMA, PART TIME SWEEPER, ASSISTANT ENGINEER'S OFFICE, TRAVANCORE DEVASWOM BOARD,CHANGANASSERY. BY ADV. SRI.K.KARTHIKEYA PANICKER RESPONDENT(S): RESPONDENTS -------------------------- 1. TRAVANCORE DEVASWOM BOARD,REPRESENTED BY ITS SECRETARY,THIRUVANANTHAPURAM. 2. THE COMMISSIONER, TRAVANCORE DEVASWOM BOARD,NANTHANCODE, THIRUVANANTHAPURAM. WA.No. 130 of 2010() 2 3. THE CHIERF ENGINEER(GEN), TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM. ADV.SRI.P.G.P.PANICKER, S.C. FOR TDB. SRI.P.GOPAL SMT.DAYA K. PANICKER THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 27/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. ---------------------------------------- W.A.No.130 of 2010 ---------------------------------------- Dated 27th January, 2010 JUDGMENT Balakrishnan Nair, J. The appellants are the writ petitioners. They are Part-time Sweepers working under the Maramath Wing of the Devaswom Board. There is no full time post of Sweeper in the Maramath Wing and, therefore, they are not able to get any promotion. They serve the Board till retirement in the same post. But, in the Temple Wing, there are full-time posts of Sweepers and, therefore, the part-time sweepers working in the temples will get promotion according to seniority as and when vacancies arise in the category of full-time sweeper. Alleging discrimination in the matter of granting promotion, the appellants moved the Devaswom Board. As per the direction of this Court in Ext.P1 judgment, their claim was considered and rejected by Ext.P2. The Board stated in Ext.P2 that the existing rules do not permit promotion of part-time sweepers in the Maramath Wing. Challenging Ext.P2 and seeking consequential reliefs, the writ petition was filed. The learned Single Judge noticed that there is no post of full-time Sweeper in the Maramath Wing and, therefore, their claim for W.A.No.130/2010 2 promotion is unsustainable. In that view, the writ petition was dismissed. Hence, this writ appeal. We heard Sri.K.Karthikeya Panicker, the learned counsel for the appellants. He pointed out the alleged discrimination in the matter of promotion between those part- time Sweepers working in the Temple Wing and Maramath Wing. 2. Whether there should be full-time post of sweeper in the Maramath Wing is a matter for the Devaswom Board to decide. This Court cannot direct the Board to create posts so that the appellants will get promotion. As long as there is no post of full-time sweeper, the appellants' claim for promotion is unsustainable. We find that the appellants work under the Maramath Wing and they cannot be treated as identical to the Sweepers under the Temple Wing. They belong to two streams and, therefore, the allegation of discrimination is not sustainable. Further, the Board, in its wisdom, created full- time posts in the Temple Wing and, therefore, when vacancies arise, those part- time sweepers in the said wing will get promotion. The creation of a full-time post in one wing and not creating the same in another wing cannot be described as an act of discrimination. Posts are created having regard to the requirements of the Temple Wing and the W.A.No.130/2010 3 Maramath Wing and not for giving any employment or promotion to somebody. In the result, the writ appeal fails and it is dismissed. K.BALAKRISHNAN NAIR Judge P.N.RAVINDRAN Judge TKS