IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 3RD AUGUST 2011 / 12TH SRAVANA 1933 DBP.No. 88 of 2011() -------------------- (IN THE MATTER OF TRAVANCORE DEVASWOM BAORD – DENIAL OF EMPLOYMENT – TDB REPORT NO.93/2011 – SUO MOTU PROCEEDINGS INITIATED – REG.) COMPLAINANT: -------------------- SMT.ARCHANA DEVAKI V., VAIRASSERI MANA, VETTUVENI, HARIPAD 690514. BY ADV. RESPONDENT(S): --------------- 1. THE TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, TRAVANCORE DEVASWOM BOARD, NANTHENCODE, THIRUVANANTHAPURAM 695 003. 2. THE DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, NANTHENCODE, THIRUVANANTHAPURAM 695003. BY SRI.G.BIJU,SC,TDB FOR R1-2 ADV. SRI.P.GOPAL,SC, TDB SRI.KRISHNAKUMAR MANGOT,AMICUS CURIAE FOR OMBUDSMAN THIS DEVASWOM BOARD PETITION HAVING BEEN FINALLY HEARD ON 03/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN & K.SURENDRA MOHAN, JJ. ----------------------------------- D.B.P.No.88 OF 2011 ------------------------------------ Dated this the 3rd day of August, 2011 O R D E R Thottathil B.Radhakrishnan,J. 1.Read order dated 13.7.2011 and TDB report No.93/11 of the learned Ombudsman in complaint No.352/10. 2.Smt.Archana Devaki V. made a complaint to the learned Ombudsman that her application for employment on compassionate grounds on the death of her mother has been illegally rejected. Her mother was a Sanskrit teacher in the Trikkariyoor Devaswom Board School. The complainant was informed that the benefit of compassionate appointment will inure only to the heirs of Devaswom Board temple employees. The stand so taken is evidently contrary to the statutory rights of the complainant in terms of Chapter XIV A Rule 51B of Kerala Education Rules, 1959, as rightly pointed out by the DBP.88/11 2 petitioner. We, therefore, issued order dated 13.7.2011 to ascertain whether there are other such applications pending. We are told that there is one more application pending and that vacancies are likely to arise in 2011-2012, in the category of peons and resultantly of full time menials. We record the submission. 3.Learned counsel for the Board says that going by the file, the complainant’s application was not within a period of two years of the demise of her mother, which is one of the clauses in the Government Order which regulates compassionate appointment scheme. Stricto senso, such an objection cannot override the statutory entitlement of the petitioner under Chapter XIV A Rule 51B though that could be the guideline. Not only that, TDB had no such ground of objection when they refused the petitioner’s application on the sole ground that such benefit is available only to temple employees. Obviously, temple employees under the Board are not governed by the provisions of the KER, the benefit of which would apply only to DBP.88/11 3 the heirs of staff of schools who would be governed by the Kerala Education Act and Rules framed thereunder. 4.For the aforesaid reasons, we agree with the views of the learned Ombudsman and direct the TDB to issue appointment order to the complainant in the next available vacancy subject to any preferential candidate of the same category and in the light of what is stated above. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- K.SURENDRA MOHAN, Judge. kkb.4/8.