IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER WEDNESDAY, THE 28TH OCTOBER 2009 / 6TH KARTHIKA 1931 WA.No. 1831 of 2006 --------------------------- AGAINST THE JUDGEMENT IN WPC.36262/2004 Dated 14/08/2006 .................... APPELLANT/PETITIONER: ------------------------------------- THE EXECUTIVE OFFICER, SREE KADAMPUZHA BHAGAVATHI DEVASWOM, KADAMPUZHA-676 553, MALAPPURAM DISTRICT. BY ADV. SRI.T.P.KELU NAMBIAR, SENIOR ADVOCATE SRI.P.G.RAJAGOPALAN SRI.M.GOPIKRISHNAN NAMBIAR RESPONDENTS/RESPONDENTS: --------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LABOUR AND REHABILITATION (A) DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE INDUSTRIAL TRIBUNAL, PALAKKAD. 3. THE COMMISSIOER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS, CIVIL STATION, KOZHIKODE. 4. LEENA SURESH, `ATHIRA', P.O. PUTHUPARAMBU, VIA.EDARIKKODE, PIN-676 501, MALAPPURAM DISTRICT. R1 & R2 BY SR.GOVERNMENT PLEADER SRI.BENJAMIN PAUL R4 BY ADV. SRI.P.CHANDRASEKHAR R3 BY SRI.K.MOHANAKANNAN,SC,MALABAR DEVASWOM THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 28/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & A.K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 1831 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of October, 2009 JUDGMENT Basheer, J. When this Writ Appeal is taken up for consideration, Sri.T.P. Kelu Nambiar, learned Senior Counsel who appears for the appellant submits that the appellant does not intend to pursue the matter any further in view of the report submitted by the Commissioner, Hindu Religious and Charitable Endowments, Kozhikode pursuant to the interim order passed by this Court on July 13, 2009. 2. We have perused the report submitted by the Commissioner in which he has found that the service of a temporary Nursing Assistant is essential in the dispensary being run by Sree Kadampuzha Bhagavathy Devaswom. In that view of the matter, the appellant will be free to appoint respondent No.4 as temporary Nursing Assistant in terms of the Rules governing such appointment. 3. In view of the above development, learned counsel WA No.1831 of 2009 -:2:- for respondent No.4 submits that the reference made by the Government to the Industrial Tribunal has become unnecessary and respondent No.4 does not intend to pursue the matter any further. The above submission is recorded. In the above facts and circumstances the Writ Appeal is closed making it clear that it will be open to the appellant to appoint respondent No.4 as temporary Nursing Assistant in the charitable dispensary being run by Sree Kadampuzha Bhagavathy Devaswom. S.R. Bannurmath, Chief Justice. A.K. Basheer, Judge. ttb WA No.1831 of 2009 -:3:-