IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 19TH JUNE 2009 / 29TH JYAISHTA 1931 WP(C).No. 15251 of 2009(B) -------------------------- PETITIONERS: --------------- 1. M.R.SURESH, S/O.RAGHAVANA, AGED 39 YEARS, HELPER-CUM-CARE-TAKER (IN-CHARGE OF DEVASWOM ASSISTANT) SREE DEVASWOM, KODUNGALLUR. 2. P.G.SHYJI, S/O.P.K.GOVINDAN, AGED 39 YEARS, HELPER-CUM-CARE-TAKER (IN-CHARGE OF DEVASWOM ASSISTANT) OORAKAM DEVASWOM, OORAKOM. 3. T.A.SURESH, S/O.NARAYANAN, AGED 41 YEARS, HELPER-CUM-CARE-TAKER (IN-CHARGE OF LOWER DIVISION CLERK) DEVASWOM ASSISTANT COMMISSIONER OFFICE, THIRUVILLAWAMALA GROUP, WADAKKANCHERRY, THRISSUR DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.M.SAJJAD RESPONDENTS: --------------- 1. THE COCHIN DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, COCHIN DEVASWOM BOARD OFFICE, THRISSUR DISTRICT. 2. THE DEVASWOM COMMISSIONER THIRUVANANTHAPURAM. ADV. SRI.K.GOPALAKRISHNA KURUP,SC,COCHIN D.B FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------- W.P(C) No.15251 of 2009-B ------------------------------ Dated this the 19th day of June, 2009. J U D G M E N T Heard Sri.M.Sajjad, the learned counsel appearing for the petitioner and Sri.K.Gopalakrishna Kurup, the learned standing counsel appearing for the respondents. 2. The petitioners are presently working as Helper-cum- Caretaker in the Cochin Devaswom Board. They were initially appointed as Watchman-cum-Peon/Night Watchman. Though the petitioners entered service prior to 1.1.1996 as Watchman-cum-Peon/Night Watchman, their services were regularized as Helper-cum-Caretaker in the scale of pay of Rs.750-1025 only with effect from 1.1.1996. After the petitioners were regularized in service, 22 persons were appointed as Watchman-cum-Peon/Night Watchman, which are last grade posts, with effect from 18.10.1996. By then, the scale of pay of last grade employees was revised from Rs.750-1025 to Rs.775-1065 and therefore, the said 22 persons were placed in the scale of pay of Rs.775-1065. When the seniority list of last grade servants was published, the petitioners were ranked below the said 22 persons on the ground that they are drawing salary in a lower scale of pay. Later the petitioners were also placed in the scale of Rs.775-1065 with effect from 1.1.1996 W.P(C) No.15251 of 2009-B 2 together with all attendant service benefits. The petitioners thereupon moved the Board seeking restoration of seniority over the 22 persons who were appointed on 18.10.1996 and thereafter filed W.P.(C) No.24016 of 2008 in this Court. By Ext.P6 judgment delivered on 15.10.2008 this Court directed the Secretary, Cochin Devasom Board to consider the request made by the petitioners for restoration of seniority over the 22 persons who were appointed with effect from 18.10.1996. The Board thereupon issued Ext.P7 order, placing the petitioners above the 22 persons who were appointed with effect from 18.10.1996. 3. In the meanwhile, six among the 22 persons who were temporarily promoted as Lower Division Clerks filed W.P.(C) No.21208 of 2008 in this Court claiming regular promotion. By Ext.P8 judgment delivered on 12.2.2009 a Division Bench of this Court directed the Board to regularize their promotion. It appears that the Board in implementation of Ext.P8 judgment promoted the said six persons as Junior Devaswom Officers which is a post equivalent the post of Lower Division Clerk, by Ext.P9 order dated 24.3.2009. The petitioners who are senior to the said six persons, in the category of Helper-cum-Caretaker thereupon submitted Ext.P10 to P12 representations before the Secretary of the Cochin Devaswom Board. In this writ petition, the petitioners seek a writ in the nature of mandamus commanding the respondents to W.P(C) No.15251 of 2009-B 3 promote them to the category of Junior Devaswom Officer or in the alternative they pray for a writ in the nature of mandamus commanding the first respondent to consider Exts.P10 to P12 representations and pass orders thereon within a time limit to be fixed by this court. 4. The learned standing counsel appearing for the respondents submits on instructions that the originals of Exts.P10 to P12 representations have been received by the Secretary, Cochin Devaswom Board and that the Secretary will take a decision in the matter having regard to Ext.P9 order and the rank and seniority of the petitioners in the category of Helper-cum-Caretaker over the persons promoted as per Ext.P9. In the light of the submissions made at the Bar by the learned standing counsel appearing for the respondents, I dispose of this writ petition with a direction to the Secretary, Cochin Devaswom Board to take a decision on the request made by the petitioners in Exts.P10 to P12 representations after affording them a reasonable opportunity of being heard. Final orders in the matter shall be passed within three months from the date on which the petitioners produce a certified copy of this judgment. The Secretary, Cochin Devasom Board shall while passing orders as directed above, have due regard to Ext.P7 order dated 23.1.2009 and Ext.P9 order dated 24.3.2009 issued by the Board. Sd/- P.N.RAVINDRAN, JUDGE //True Copy//