IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 17TH JULY 2009 / 26TH ASHADHA 1931 W.A.No. 1550 of 2009() AGAINST THE ORDER IN WPC.16911/2009 dated 13.7.2009 APPELLANT: RESPONDENTS 3 & 4 1. THE MANAGING COMMITTEE, SREE TTK DEVASWOM REPD.BY THE PRESIDENT, SREE TTK DEVASWOM, THALIPARAMBA, KANNUR DISTRICT. 2. SREE TTK DEVASWOM, THALIPARAMBA, REPD.BY THE EXECUTIVE OFFICER, SREE TTK DEVASWOM, THALIPARAMBA, KANNUR. BY SENIOR ADV.SRI. A.P. CHANDRASHEKHARAN SMT.PRABHA R.MENON SRI.M.KRISHNAKUMAR RESPONDENTS: PETITIONERS AND RESPONDENTS 1,2 AND 5 TO 11 1. K.C.KESHAVAN NAMBIAR, S/O.KUNHIRAMAN NAMBIAR, AGED 50 YEARS, SECURITY STAFF, RAJARAJESWARA TEMPLE, RESIDING AT KOYIPRA, P.O.VELLORA, VIA M.M.BAZAR, KANNUR DISTRICT. 2. P.V.NANU, S/O.KRISHNAN, AGED 53 YEARS, SECURITY STAFF, RAJARAJESWARA TEMPLE, RESIDING AT KEEZHATTOOR MEETHALE BHAGAM, THALIPARAMBA, KANNUR DISTRICT. 3. M.MOHANAN, S/O.KUNHAPPAKURUP, AGED 57 YEARS, SECURITY STAFF,RAJARAJESWARA TEMPLE, RESIDING AT MANAGALATTU HOUSE, KARYAMBALAM, THALIPARAMBA P.O., KANNUR DISTRICT. 4. T.V.NARAYANA VARIER, S/O.NARAYANA VARIER, AGED 53 YEARS, KOYMA, RAJARAJESWARA TEMPLE, RESIDING AT THERTHALA VAREIER, KIZHAKKENAKAM, THALIPARAMBA, KANNUR DISTRICT. 5. E.ASHOKAN,W/O.P.KRISHNAN, AGED 35 YEARS, GUEST HOUSE ATTENDANT, RESIDING AT EDACHIRAYAN HOUSE, KOOTHATTU, PATTUVAM P.O., THALIPARAMBA, KANNUR DISTRICT. 6. SHAILAJA SREEDHAR, W/O.JANARDHANAN, AGED 43 YEARS, GUEST HOUSE ATTENDANT, RESIDING AT KOYYAM P.O., THALIPARAMBA, KANNUR DISTRICT. 7. V.P.JAYASREE, D/O.V.P.KUNHAMBU, AGED 47 YEARS, GUEST HOUSE SWEEPER, RESIDING AT MAZHOOR, P.O.PANNIYOOR, VIA KARIMBAM, KANNUR DISTRICT. 8. A.V.KAMALAKSHI, D/O.DEVAVI PILLAYARAMMA, AGED 42 YEARS, SWEEPER RAJARAJESWARA TEMPLE, RESIDING AT MANGALASERRY ARIYIL P.O., PATTUVAM, THALIPARAMBA, KANNUR. 9. C.NARAYANAN,S/O.KUNHIRAMAN,42 YEARS, KAYYAM VAZHIPAD CLERK CUM SECURITY STAFF, RESIDING AT CHERUVODAN HOUSE,KAYYAM ARIYIL P.O., PATTUVAM,THALIPARAMBA, KANNUR DISTRICT. 10. THE COMMISSIONER MALABAR DEVASWOM BOARD, (FORMERLY HR&CE (ADMN) DEPT.,KOZHIKODE. 11. STATE OF KERALA, REPD.BY THE SECRETARY TO GOVT.REVENUE (DEVASWOM) DEPT.,SECRETARIAT,THIRUVANANTHAPURAM. 12. A.V.NAVEEN,S/O.NARAYANAN P.,26 YEARS, ANDRA VEEDU,TRICHAMBARAM,THALIPARAMBA. 13. A.V.RANJITH,S/O.VELAYUDHAN,26 YEARS, VAYAL VEEDU,TRICHAMBARAM,THALIPARAMBA. 14. SIJITH KUMAR,S/O.AYYAPPAN PILLAI, PUZHAKULANGARA,THALIPARAMBA. 15. DHANESH M.,AGED 22 YEARS, S/O.E.V.GOVINDAN,EDOTH VEEDU, TRICHAMBARAM,KANNUR DISTRICT. 16. ANOOP P.,S/O.CHANDRAN, PANIMADATHIL HOUSE,TRICHAMBARAM,KANNUR. 17. RAJESH K.,S/O.RAJAN,HARINANDANAM, TRICHAMBARAM,KANNUR. 18. AJITHA M.V.,W/O.NATRAJAN, MUNDAYADU HOUSE, NJATTUVAYAL,THALIPARAMBA,KANNUR. BY ADV. SRI. R.SURENDRAN -R1 TO R9 SRI. K. MOHANAKANNAN- R12 TO R14 SRI. M. RAMESH CHANDRAN -R15 TO R18 SENIOR GOVT. PLEADER SRI. BENNY GERVASIS-R11 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 17/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.A. NO. 1550 OF 2009 --------------------------------------------- Dated this the 17th day of July, 2009 JUDGMENT Balakrishnan Nair, J. Respondents 3 and 4 are the appellants. This appeal is filed against the interim order passed by the learned Single Judge on 13.7.2009. The writ petitioners were appointed by the first appellant under the second appellant, initially on daily wage basis and later, on regular basis. The first respondent declined to approve the appointments of the writ petitioners by Ext.P15 order and the Government, by Ext.P21, affirmed the same. It was observed in Ext.P21 that since the posts were not sanctioned by the first respondent, no regular appointments should have been made. It was further observed that if posts are sanctioned by the Government, the writ petitioners shall be preferred, provided they are otherwise qualified. The said order of the Government was passed on 3.6.2009. Immediately, the first appellant met on 16.6.2009 and resolved to terminate the writ petitioners. On 17.6.2009, they were terminated and in their place, new W.A. NO. 1550/2009 2 hands were appointed on daily wage basis. The writ petitioners approached this Court challenging Exts.P15 and P21. The learned Single Judge directed retention of the writ petitioners. It was also clarified that the said order will not stand in the way of continued engagement of the newly appointed persons. Feeling aggrieved by the said direction, this Writ Appeal is filed. 2. The learned senior counsel who appeared for the appellants submitted that even before the initial stay order granted by this Court when the Writ Petition came up for admission on 18.6.2009, the writ petitioners were already terminated and in their place, others were engaged. So, the interim order passed by this Court is creating problems for the appellants. It is impossible to accommodate the writ petitioners as also the newly engaged hands. 3. Immediately on receipt of the order of the Government, the first appellant had chosen to terminate the writ petitioners and induct new hands. So, the problem faced by the appellants is their own creation. If the direction of the learned Single Judge is causing any practical problem, they can approach the learned Single Judge and appropriate modification of the order can be sought. We think this is not a fit case where this Court W.A. NO. 1550/2009 3 should entertain this appeal, in view of the principles laid down by a Larger Bench of this Court in K.S. Das v. State of Kerala, 1992(2) K.L.T. 358. Accordingly, this Writ Appeal is dismissed, without prejudice to the right of the appellants to move the learned Single Judge for appropriate modification of the order, if there is genuine difficulty in implementing the order under appeal. (K. BALAKRISHNAN NAIR) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.A. NO. 1550/2009 4 K.BALAKRISHNAN NAIR & C.T. RAVIKUMAR, JJ. W.A. NO.1550/2009 JUDGMENT 17th July, 2009