IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 25TH FEBRUARY 2009 / 6TH PHALGUNA 1930 OP.No. 22256 of 1999(Y) ----------------------- PETITIONER(S): --------------- G. ANIL, ANIL NIVAS, P.O. PILAKKAD, VIA. VARVOOR, DIST. TRICHUR 680 585. BY ADV. SRI.T.A.RAJAGOPALAN RESPONDENT(S): --------------- 1. THE COMMISIONER, H.R. & C.E (ADMINISTRATION) DEPARTMENT, KOZHIKODE. 2. ASST. COMMISSIONER, H.R & CE (ADMINISTRATION) DEPARTMENT, PALAKKAD. 3. STATE OF KERALA, REP. BY ITS CHIEF SECRETARY, SECRETARIAT, TRIVANDRUM. GOVERNMENT PLEADER SMT. K.R. DEEPA. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 25/02/2009, THE COURT, ON THE SAME DAY, DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: O.P.NO. 22256/1999. ----------------------------------------------------------------- EXT.P1 ORDER DT. 23-7-1999. EXT.P2 ORDER DT. 5-8-1999. EXT.P3 ORDER DT. 10-8-1999. EXT.P4 ORDER DT. 18-8-1999. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= O.P. No. 22256 of 1999 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 25th February, 2009. J U D G M E N T The petitioner was selected for the post of Executive Officer Grade V in the H.R, and C.E Department of the Government of Kerala by Ext. P1 appointment order. Further steps for appointment has also been taken. The petitioner was appointed in respect of two temples. Pursuant to the orders issued, the petitioner took charge of one temple and when he was about to take charge at the second temple also, by Ext. P4 order, he was informed that since there is a stay of this Court in O.P.No. 20345/1999 passed on 10-8-1999, the petitioner need not take charge of the respective temples until further orders. The petitioner is challenging that order. 2. At the time of admission, an interim order was passed as follows: “As per Ext. P1 order dated 20.7.99, the petitioner who is a direct recruit was appointed as Executive officer, Grade V. As per Ext. P2 order dated 5.8.99 of the first respondent, the second respondent was directed to give charge to the petitioner and to report to the first respondent. By Ext. P3 order dated 10.8.99, the petitioner was put on probation and also was requested to undergo training for 30 days. The petitioner also executed a bond and deposited security amount on 2.8.99. But, as per Ext. P4 order, the second respondent directed not to implement these orders in view of an order of stay passed by this Court in O.P.No. 20345/99 on 10.3.99. The above interim order was to stay the filling of the vacancies of Executive Officer under the second respondent by direct recruitment otherwise than in accordance with the ratio laid down in Rule 4(a)(i) of the Hindu Religious and Charitable Endowments Rules. In view of the fact that Exts.P.1, P2 and P3 orders have been passed earlier than the order of stay passed by this Court, I do not find any impediment in implementing Exts.P1, P2 and P3. Therefore the second respondent is directed to allow the petitioner to join duty pursuant to these orders. It is made clear that the petitioner's appointment will be subject to further orders from this Court and also subject to the outcome of O.P.No. 20345/1999.” I find that although, in O.P.No. 20345/1999, appointment of 11 O.P.22256/99. -: 2 :- persons have been challenged, the petitioner is not one of the respondents. As such, there is no challenge against the petitioner's appointment. In the above circumstances, I am of opinion that the petitioner's appointment need not be interdicted on the basis of the interim order in O.P.No. 20345/1999. Accordingly, the original petition is disposed of in terms of the interim order. Sd/- S. Siri Jagan, Judge. Tds/