IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 19TH AUGUST 2008 / 28TH SRAVANA 1930 OP.No. 24204 of 1998(F) ----------------------- PETITIONER: ------------ 1. R.ANIL KUMAR, SURVEYOR ON CONSOLIDATED PAY, OFFICE OF THE DIVISIONAL ENGINEER, SURVEY WING OF TRAVANCORE DEVASWOM BOARD, SREEKANTESWARAM, TRIVANDRUM. 2. K.R.GOPAKUMAR, .DO. .DO. PLANNING AND INVESTIGATION WING OF TRAVANCORE DEVASWOM BOARD, THIRUVALLA. 3. B.SATHEESAN, .DO. .DO. SURVEY WING OF TRAVANCORE DEVASWOM BOARD, SREEKANTESWARAM, TRIVANDRUM. BY ADV. SRI.B.GOPAKUMAR RESPONDENTS: ------------- TRAVANCORE DEVASWOM BOARD, REP. BY ITS SECRETARY, TRIVANDRUM. BY ADV. SRI.P.G.PARAMESWARA PANICKER (SR.) THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 19/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP NOS.42597/1998 & 34774/1999 IN OP 24204/1998 DISMISSED: SD/-(C.N.RAMACHANDRAN NAIR, JUDGE.) 19.8.2008 SD/-(V.K.MOHANAN, JUDGE.) APPENDIX PETITIONERS' EXHIBITS: P1: TRUE COPY OF JOINT REPRESENTATION DT.6.6.97 SUBMITTED BY PETITIONERS BEFORE THE RESPONDENT. P2: TRUE COPY OF JUDGMENT IN O.P. NO.22576/1997-K DT.19.12.1997 ISSUED BY THIS HON'BLE COURT. P3: TRUE COPY OF R.O.C. NO.5907/92/SUIT/EST.I. ISSUED BY RESPONDENT DT.20.2.1998. RESPONDENT'S EXHIBITS: R(a): TRUE COPY OF ORDER DT.14.3.1997 IN CMP NO.32789/1996 IN O.P. NO.3821/1990(S) OF THIS HON'BLE COURT. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. .................................................................... O.P. No.24204 of 1998 .................................................................... Dated this the 19th day of August, 2008. JUDGMENT Ramachandran Nair, J. The O.P. was filed in 1998 for direction to the Devaswom Board to regularise the petitioners in service. Petitioners were appointed on temporary basis for surveying Devaswom properties. However, after survey was over, they were appointed as Grade III Overseers on temporary basis. In fact even though two of the petitioners were terminated once, they were again appointed on temporary basis. Counsel for the petitioner contended that Devaswom has vacancies to accommodate the petitioners on regular basis and they have been in service for more than 10 years now. Therefore, the direction sought is for regularisation. However, Devaswom Board has filed a statement stating that the petitioners are allowed to continue as Grade III Overseers pending disposal of the O.P. If Devaswom Board has regular vacancies for the post of Overseers, we see no reason why petitioners should not be regularised as they were continuing for over ten years in service of the Board. We, therefore, dispose of the O.P. with direction to the Devaswom Board to consider regularisation of the 2 petitioners in service. If Overseer's post is not available on regular basis, the Board can consider petitioners for appointment to other suitable posts. C.N.RAMACHANDRAN NAIR Judge V.K.MOHANAN Judge pms