IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 3RD MARCH 2011 / 12TH PHALGUNA 1932 WP(C).No. 9093 of 2010(J) ------------------- PETITIONER : -------------------- SMT. G.S.LEENA NAIR, RESIDING AT 'GOKULAM', MANNANTHALA.P.O., THIRUVANANTHAPURAM DISTRICT. BY ADVS. SRI.V.CHITAMBARESH, SENIOR ADVOCATE SRI.T.C.SURESH MENON SRI.JIBU P THOMAS SRI.P.S.APPU SRI.A.R.NIMOD SRI.C.A.ANOOP RESPONDENT(S): ------------------------- 1. THE TRAVANCORE DEVASWAM BOARD, REPRESNTED BY ITS SECRETARY, NANTHANCODE, THIRUVANANTHAPURAM. 2. THE CHIEF COMMISSIONER, TRAVANCORE DEVASWAM BOARD, NANTHANCODE, THIRUVANANTHAPURAM. 3. THE COMMISSIONER, TRAVANCORE DEVASWAM BOARD, NANTHANCODE, THIRUVANANTHAPURAM. R1 TO R3 BY ADVS. SRI.P.G.PARAMESWARA PANICKER, SENIOR ADVOCATE SRI. P.GOPAL SRI.D.AJITHKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 9093 of 2010(J) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE GUIDELINES DATED 15.4.2004. EXT.P2 : COPY OF THE MINUTES OF THE INTERVIEW DATED 15.3.2005. EXT.P3 : COPY OF THE ORDER ISSUED FROM THE THIRD RESPONDENT DATED 19.3.2005. EXT.P4 : COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 19.2.2008. EXT.P5 : COPY OF THE STATEMENT FILED BY THE FIRST RESPONDENT BEFORE THE LEARNED OMBUDSMAN DATED 14.10.2009. EXT.P6 : COPY OF THE ORDER IN DBA NO. 59/2009 ON THE FILE OF THIS HONOURABLE COURT DATED 22.10.2009. EXT.P7 : COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 2.11.2009. EXT.P8 : COPY OF THE NOTIFICATION PUBLISHED IN MATHRUBHOOMI DAILY DATED 22.1.2010. RESPONDENT'S EXHIBITS: EXT.R1(a) : COPY OF THE NOTIFICATION. EXT.R-IA : COPY OF THE ORDER ROC.316/05/EST. DATED 22-10-2010 ISSUED BY THE TRAVANCORE DEVASWOM BOARD. EXT.R-IB : COPY OF THE ORDER ROC.22766/09/EST. DATED 7-12-2010 ISSUED BY THE TRAVANCORE DEVASWOM BOARD. ANNEXURE-A : COPY OF THE PROCEEDINGS, ROC NO. 316/05EST DATED 22-10-2010. //TRUE COPY// P.S. TO JUDGE Mn THOTTATHIL B. RADHAKRISHNAN & S.S.SATHEESACHANDRAN, JJ. ``````````````````````````````````````````````````````` W.P.(C) No. 9093 of 2010 J ``````````````````````````````````````````````````````` Dated this the 3rd day of March, 2011 J U D G M E N T Thottathil B.Radhakrishnan, J. This writ petition is filed by the petitioner staking claim for regularisation of service as against the post of Record Assistant in the Travancore Devaswom Board. By order dated 05-08-2010, the Board was directed to consider the question of regularisation of the petitioner's service. The post in question is not required to be filled up in consultation with the Public Service Commission. In its affidavit filed by the first respondent (sworn to by the Secretary, TDB on 13- 02-2011), it is stated as follows:- “ 10. The Board considered the representation of the petitioner. The post of Record Assistant is an isolated post and not a feeder category for promotion to higher posts. The duties assigned to the Record Assistant are special in nature and the said duties are W.P.(C) No.9093/2010 : 2 : not administrative or establishment in nature. The petitioner was engaged as Record Assistant in the Board from 2002 onwards on temporary basis. While working as Record Assistant she participated in the selection process conducted by the Board in 2005 for appointment on daily wage basis and she was again appointed as Record Assistant on 19- 03-2005 and is continuing till now. On her request, the Board has filed DBA No.59 of 2009 for creation of two posts Record Assistants. The Board was also advised by the counsel on 03-04-2008 that if the Board is considering the post as an essential one, the Board may take a decision to that effect and approach the Hon'ble Court for getting approval for regularising her in the post of Record Assistant since all her formalities giving appointment in permanent post had already been complied by the Board in appointing her on daily wages. Hence the Board resolved to regularise the petitioner in the post of Record Assistant vide order in R.O.c.316/05/Est dated 22-10-2010 and W.P.(C) No.9093/2010 : 3 : issued appointment order vide R.O.C.No.22766/09/Est dated 07-12-2010. True copies of the orders are produced herewith and marked as Exts.R1A and R1B respectively.” 2. We have perused Exts.R1A and R1B produced along with the affidavit of the first respondent. We sanction the regularisation and appointment of the petitioner in terms of Exts.R1A and R1B, leaving open the right, if any, of any rival candidate. Writ petition ordered accordingly. Sd/- (THOTTATHIL B. RADHAKRISHNAN, JUDGE) Sd/- (S.S.SATHEESACHANDRAN, JUDGE) aks // True Copy // P.A. To Judge