IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 9TH APRIL 2008 / 20TH CHAITHRA 1930 DBA.No. 22 of 2008() -------------------- (In the matter of general administration of Cochin Devaswom Board-taking over Vazhipadu counters by Cochin Devaswom Board and conducting Vazhipadu departmentally) APPLICANT -------------------------- SECRETARY, COCHIN DEVASWOM BOARD, THRISSUR. BY ADV. SRI.K.GOPALAKRISHNA KURUP,SC,COCHIN D.B RESPONDENTS: ------------- DEPUTY DIRECTOR, LOCAL FUND ACCOUNT (C.D) AUDIT, THRISSUR. BY GOVERNMENT PLEADER SRI R.LAKSHMINARAYANAN THIS DEVASWOM BOARD APPLICATION HAVING COME UP FOR ADMISSION ON 09/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.R.RAMAN & V.K.MOHANAN,JJ. ---------------------------------------------- D.B.A N0.22 OF 2008 ---------------------------------------------- Dated, 9th April, 2008. ORDER Raman,J. The DBA was referred to the Ombudsman by this Court to consider the matter and the present state of affairs and make suggestions by way of filing a report. The Ombudsman has filed a report in this regard. We have gone through the report and heard the Standing Counsel appearing for the Devaswom Board and also Adv. Sri Krishnakumar Mangot (Amicus Curiae) for Ombudsman and also the Government Pleader appearing for the Local Fund Audit. 2. The proposal is for creation of 20 Devaswoms and consequential creation of 20 posts of L.D.Clerks and 4 posts of Revenue Inspectors. Being a policy matter, and the Board having taken a decision, the Ombudsman in paragraph 9 of the report has suggested that this can be done on an experimental basis. The creation of 20 new Devaswoms expected to be in the larger welfare of the devotees and for effectively working DBA 22/08 :-2-: administration of various Devaswoms under the Cochin Devaswom Board. Since the Board has taken policy decision to create 20 Devaswoms and consequential creation of 20 posts of LDC and 4 posts of Revenue Inspectors and approval sought for in this regard is accorded. However, in the matter of filled up post, the petitioner has to strictly adhere to the rules. It is submitted that as per the existing rules, appointment to the post of Lower Division Clerks has to be made in the ratio 1:1:2 from between the last grade servants of temple employees and open completion. Therefore, 25% of the vacancies earmarked to be filled up from the category of last grade employees . Likewise 25% to be filled up from the category of temple employees. This has to be done based upon test and interview from the candidates who possess the requisite qualification. However, in view of the urgency, the Board is permitted to fill up the posts purely on provisional working arrangement basis by appointing senior- most persons in the respective category who are otherwise qualified to hold the post. This will not confer any better right to the incumbent so appointed. As soon DBA 22/08 :-3-: as the test and interview and the selection process is over, the selected candidates shall be appointed in the places of the provisional hands, unless the provisional hands happened to be or any one of them happened to be selected candidates. As regards 50% candidates to be filled up from open competition, steps shall be taken for regular appointment after due publicity of the post in accordance with law. Pending such process of selection of candidates in accordance with Rules on regular basis, it will be open to the Board to make provisional appointments from the Employment Exchange and such appointment of the incumbent shall be confined to a period of 179 days only. Such persons shall however satisfy the requisite qualification as prescribed for the post as per rules. The qualification as prescribed in the Rules of the Devaswom shall be given to the Employment Exchange who shall furnish a list of eligible candidates to the Board for such appointment. Special allowance, if any, to be paid for the newly appointed candidates, is a matter which the Board may consider at the first instance and subject to the approval of this Court. The DBA 22/08 :-4-: DBA is disposed of. The report subject to the above order is accepted and will form part of the order. After a period of six months the Ombudsman may review the situation. P.R.RAMAN, JUDGE. V.K.MOHANAN, JUDGE. kvm/- DBA 22/08 :-5-: V.K.MOHANAN, J. No.... Judgment/Order Dated: