IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 23RD SEPTEMBER 2011 / 1ST ASWINA 1933 WP(C).No. 21626 of 2011(C) --------------------------------------- PETITIONER: ------------------- JOSE RAJAN.T, JOSE SADANAM, PULIYARAVILAKOM,NADOORKOLLA, AMARAVILA.P.O, PIN-695 122. BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY. RESPONDENTS: ------------------------ 1. TRAVANCORE DEVASWOM BOARD,REPRESENTED BY ITS SECRETARY,NANTHANCODE,THIRUVANANTHAPURAM, PIN-695 003. 2. THE PRESIDENT,TRAVANCORE DEVASWOM BOARD, NANTHANCODE,THIRUVANANTHAPURAM, PIN-695 003. R1 & R2 BY ADV. SRI.G.BIJU. S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/09/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.21626/2011-C: APPENDIX PETITIONER'S EXHIBITS:- EXT.P.1: COPY OF THE LETTER NO. ROC 179/09/ESTT. DTD. 23/09/2010 OF THE COMMISSIONER FOR THE BOARD. EXT.P.2: COPY OF THE LETTER NO.ROC.179/09/ESTT. DTD. 24/09/2010 OF THE COMMISSIONER OF THE BOARD. EXT.P.3: COPY OF THE LETTER NO. ROC. 179/09/ESTT. DTD. 04/11/2010 OF THE DEPUTY DEVASWOM COMMISSIONER OF THE BOARD. EXT.P.4: COPY OF THE ORDER NO. ROC2.11.MISC.C. DTD. 22/01/2011 OF THE COMMISSIONER FOR THE BOARD. EXT.P.5: COPY OF THE CERTIFICATE NO. 16505/2002 DTD. 22/07/2002 ISSUED BY ARAYA SAMAJ, THIRUVANANTHAPURAM. EXT.P.6: COPY OF THE RELEVANT EXTRACT OF THE KERALA GAZETTE NOTIFICATION DTD. 24/07/2002. EXT.P.7: COPY OF THE RELEVANT EXTRACT OF THE PETITIONER'S SSLC BOOK. EXT.P.8: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE R.1. DTD. 25/06/2011. EXT.P.9: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE R.2. DTD. 25/06/2011. RESPONDENT'S ANNEXURE:- ANNEXURE R1(A): COPY OF THE ENQUIRY REPORT DTD. 08/06/2011 OF THE CHIEF VIGILANCE & SECURITY OFFICER, TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM. //TRUE COPY// P.A. TO JUDGE Prv. K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 21626 OF 2011 ----------------------------------------------------------- Dated this the 23rd September, 2011. JUDGMENT The petitioner was appointed as part time 'Kazhakom' under the Travancore Devaswom Board as per Ext.P4. According to the petitioner, when he reported for duty on 25-1-2011 he was not admitted to duty stating that there were allegations about his religious status. It is the case of the petitioner that he had been working as a cleaning assistant on daily wages under the Board from 2001 to 2011. He had embraced Hindu faith in 2002 as borne out by Exts.P5 and P6. It was after verifying the said documents that he had been selected and appointed. The petitioner contends that he is remaining jobless from January 2011 onwards and challenges the impugned action of the Devaswom Board. 2. A statement has been filed on behalf of the respondents. The counsel submits that the petitioner had been selected and admitted to duty acting on the documents produced by him to the effect that he had embraced Hinduism and was professing Hindu faith. However, there were a lot of complaints after he was appointed. When an enquiry was conducted into such complaints, it was revealed that even after Exts.P5 and P6, the petitioner had got married to a Christian lady, that the marriage was performed in WPC 21626/2011 2 a Church in accordance with the Christian rites and that he was living as a Christian. Therefore, he was not permitted to continue as part time 'Kazhakam'. It is also submitted that it is not possible to permit the petitioner to join duty or to continue in the post, since he was not a Hindu. 3. The counsel for the petitioner points out that Exts.P8 and P9 representations submitted by him are pending consideration of the first respondent, which may be directed to be considered and disposed of. He also prays for permission to supplement the said representation with another representation in support of his case. 4. In the above circumstances, this writ petition is disposed of directing the first respondent to consider the grievances of the petitioner set out in his representation evidenced herein by Exts.P8 and P9 as well as any other fresh representation that he may choose to file within a period of ten days of receipt of a copy of this judgment and to pass appropriate orders thereon in accordance with law, as expeditiously as possible and at any rate within a period of two months from the date of receipt of the representation. K. SURENDRA MOHAN Judge jj WPC 21626/2011 3 WPC 21626/2011 4