IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 12TH AUGUST 2009 / 21ST SRAVANA 1931 WP(C).No. 21243 of 2009(A) ----------------------------------------- PETITIONER(S): ----------------------- SYAM KUMAR.T.P, PEON, ASSISTANT DEVASWAM AUDIT OFFICE,ALUVA. BY ADV. MR.O.D.SIVADAS RESPONDENT(S): ---------------------------- 1. TRAVANCORE DEVASWOM BOARD, REP.BY ITS SECRETARY NANDANCODE,TRIVANDRUM. 2. THE SECRETARY, TRAVANCORE DEVASOM BOARD, THIRUVANANTHAPURAM. 3. THE COMMISSIONER, OFFICE OF THE DEVASOM COMMISSION TRAVANCORE DEVASWOM BOARD, TRIVANDRUM R1 TP R3 BY MR.P.G.PARAMESWARA PANICKER, SENIOR ADVOCATE BY AADV. MR.P.GOPAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) No.21243 OF 2009 -------------------------- Dated this the 12th day of August, 2009 J U D G M E N T Heard Sri. O.D.Sivadas, the learned counsel appearing for the petitioner and Sri. P.Gopal, the learned Standing Counsel appearing for the respondents. 2. The petitioner entered in service as Peon on 15.7.1999 in the Travancore Devaswom Board. He was appointed under the dying-in- harness scheme. The petitioner submits that he has passed the departmental test prescribed by the Board for promotion to the post of Sub-Group Officer Grade II/LDC in the year 2006 itself and that based on his seniority and the qualifications possessed by him, he is entitled to be promoted to the category of Sub-Group Officer Grade II/LDC . He also submits that many vacancies in the said category of posts exist in the Board. He also submits that though he had moved the Devaswom Commissioner by filing Ext.P3 representation seeking promotion to the category of Sub-Group Officer Grade II/LDC and the said representation was forwarded by the Assistant Devaswom Audit Officer, Aluva on 29.3.2008, till date, the request therein has not been considered or orders passed. In this writ petition, the petitioner inter alia seeks a writ in the W.P.(C) No. 21243/09 2 nature of mandamus commanding the respondents to consider the request made by him in Ext.P3 representation and to promote him as requested therein. 3. Ext.P1 discloses that the petitioner has passed the departmental test conducted by the Travancore Devaswom Board in August 2006. Whether, going by the number of vacancies of Sub-Group Officer Grade II/LDC and the rank and seniority of the petitioner, he is entitled to be promoted, as claimed by him in Ext.P3, is primarily a matter for the respondents to decide. Since the respondents are yet to take a decision in the matter, it will be premature for this Court to go into the merits of the petitioner's claims at this stage. I accordingly dispose of this writ petition with a direction to the Commissioner, Travancore Devaswom Board, to consider the request made by the petitioner in Ext.P3 and take a decision thereon expeditiously and in any event, within three months from the date on which the petitioner produces a certified copy of this judgment before him. The third respondent shall, after orders are passed as directed above, communicate a copy thereof to the petitioner. P.N.RAVINDRAN, JUDGE vps W.P.(C) No. 21243/09 3