IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 26TH FEBRUARY 2009 / 7TH PHALGUNA 1930 WP(C).No. 1682 of 2009(A) ------------------------- PETITIONER: --------------- DHRUVAN.P.S, PRAHLADAMANDIRAM, POST PAZHAYANNOOR, THRISSUR. BY ADV. SRI.P.VIJAYAKUMAR RESPONDENTS: --------------- 1. COCHIN DEVASWOM BOARD, REPRESENTED BY SECRETARY, THRISSUR. 2. SPECIAL COMMISSIONER, COCHIN DEVASWOM BOARD, THRISSUR. 3. ASSISTANT DEVASWOM COMMISSIONER, COCHIN DEVASWOM BOARD, THIRUVILWAMALA GROUP, POST VADAKKANCHERRY, THRISSUR. ADV. SRI.K.GOPALAKRISHNA KURUP,SC,COCHIN D.B FOR R1 TO 3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.1682 of 2009 -------------------------- Dated this the 26th February,2009 J U D G M E N T The petitioner seeks for a direction to consider his candidature for appointment to the post of LDC/Devaswom Assistant under the Kochi Devaswom Board. The petitioner is presently appointed as Puranam/Scripture reader in the Sree Pazhayannoor Bhagavathy Temple. Exhibit-P1 is the order of appointment. In Exhibit-P1 itself, it has been made clear that the appointment is on a provisional basis. 2. It is submitted in the writ petition that he was offered a consolidated pay for the post. By Exhibit P2 the same was regularised. 3. The 1st respondent issued a notification on 22.9.2008, calling for applications from eligible staff members serving under the 1st respondent for being considered to the posts of Lower Division Clerk/Devaswom Assistant. Exhibit-P3 is the said W.P ( C) No.1682 of 2009 2 notification. Petitioner applied for the same and consequently a hall ticket was issued to him as per Exhibit- P4. 4. The petitioner was subsequently informed by Exhibit-P6 that he is not eligible to participate in the selection process as he is not working in the regular cadre under the Devaswom Board. Accordingly, the petitioner was directed to resubmit the hall ticket issued to him. 5. He was provisionally allowed to participate in the written test pending the writ petition. As directed by this Court, a statement has been filed by the Devaswom Board. It is submitted that the applications have been invited from regular temple employees only. As per the recruitment rules only pathivu and contingent employees are eligible for the reservation. The post in which petitioner is working will not come within the ambit of pathivu and contingent employees. There is no pay scale to the post, only a consolidated sum is given and no Service Book is kept for recording service details etc. It is further pointed out that this post is not treated as regular post and he is not W.P ( C) No.1682 of 2009 3 treated as a regular temple employee. The issuance of hall ticket to him was only by way of mistake. 6. Learned counsel for the petitioner submitted that as the petitioner has been regularised in service as per Exhibit-P2, he should be treated as a temple employee and should be allowed to compete in the selection process. The said contention cannot be accepted in the light of the fact that under the recruitment rules only pathivu and contingent employees are eligible to apply. The post in which the petitioner is appointed as per Exhibits P1 and P2 is one created for that Temple alone. He is not a member of the service as such. Hence he does not satisfy the eligibility criteria. In the light of the above, Exhibit-P6 cannot be faulted. The writ petition is dismissed. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No.1682 of 2009 4 W.P ( C) No.1682 of 2009 5