IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 24TH OCTOBER 2008 / 2ND KARTHIKA 1930 WP(C).No. 31212 of 2008(N) -------------------------- PETITIONERS: --------------- 1. E.ASHOKAN, S/O.P.KRISHNAN, AGED 34 YEARS WORKING AS GUEST HOUSE ATTENDANT, RESIDING AT EDACHERIYAN HOUSE, KOOTHATTU, PATTUVAM P.O., TALIPARAMBA, KANNUR DISTRICT. 2. K.C.KESAVAN NAMBIAR, S/O.KUNHIRAMAN NAMBIAR, AGED 49 YEARS, WORKING AS SECURITY STAFF, RAJARAJESWARA TEMPLE, RESIDING AT KOYIPRA, P.O.VELLORA, VIA. M.M.BAZAR, KANNUR DISTRICT. BY ADV. SRI.R.SURENDRAN RESPONDENTS: --------------- 1. THE COMMISSIONER, HINDU RELIGIOUS & CHARITABLE ENDOWMENTS, (ADMINISTRATION) DEPARTMENT KOZHIKODE. 2. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEVASWOM DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE MANAGING COMMITTEE, SREE T.T.K. DEVASWOM REPRESENTED BY THE PRESIDENT, SREE T.T.K.DEVASWOM, TALIPARAMBA, KANNUR DISTRICT. 4. SREE T.T.K.DEVASWOM, TALIPARAMBA, REPRESENTED BY THE EXECUTIVE OFFICER, SREE T.T.K.DEVASWOM, TALIPARAMBA, KANNUR DISTRICT. GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. =============== W.P.(C).No.31212 of 2008 - N =============================== Dated this the 24th day of October, 2008. J U D G M E N T The petitioners are employees of the Sree T.T.K Devaswom. They were initially appointed on daily wages. Later, by Exts.P2 and P3 orders, their services were regularised with effect from 1.11.2007 in the category of Guest House Attendant and Security Guard respectively. By Exts.P2 and P3, it was ordered that payment of salary will be subject to approval of the Commissioner, Hindu Religious & Charitable Endowments (Administration) Department. Though the Assistant Commissioner recommended grant of approval, by Ext.P7 order dated 30.4.2008, the Commissioner, Hindu Religious & Charitable Endowments (Administration) Department declined to approve the decision taken by the Devaswom to regularise the petitioners in service. The petitioners along with others who were aggrieved by Ext.P7, thereupon filed W.P.(C).No.20256 of 2008 in this Court. By Ext.P8 judgment delivered on 7.7.2008, the said writ petition was disposed of reserving liberty with the petitioners to W.P.(C).No.31212 of 2008 - N 2 file a revision petition before the Government challenging Ext.P7. This Court further directed that if the revision petition is filed within one month, it shall be entertained and appropriate orders passed thereon on the merits after hearing the affected parties. To enable the petitioners to file a revision before the Government, the operation of Ext.P7 was kept in abeyance for a period of one month. 2. The petitioners herein submit that they along with others have filed Ext.P9 revision petition before the Secretary to Government, Revenue (Devaswom) Department, challenging Ext.P7 and that in the said revision they have also prayed for an interim order staying the operation of Ext.P7. In this writ petition, the petitioners state that though they had moved for interim relief, till date the Secretary to Government, Revenue (Devaswom) Department has not considered the prayer for interim relief and that therefore they are seriously prejudiced. The petitioners also submit that the period of four months fixed by this Court in Ext.P8 judgment for passing final orders on the revision petition will expire shortly and that unless the operation W.P.(C).No.31212 of 2008 - N 3 of Ext.P7 is stayed, they will be thrown out of service. In this writ petition the petitioners pray for the following reliefs:- a) Directing the second respondent to consider the request for stay of Ext.P7 made in Ext.P9 revision petition. b) Staying Ext.P7 order, pending disposal of Ext.P9 revision petition. 3. Smt. Anu Sivaraman, the learned Government Pleader appearing for respondents 1 and 2 submits on instructions that Ext.P9 revision petition has been received and that the Secretary to Government has sought the views of the Commissioner and Assistant Commissioner and that orders on Ext.P9 revision petition will be passed within the time limit fixed by this Court in Ext.P8 judgment. The learned Government Pleader also submitted that the question of grant of interim relief was however not considered by the Secretary to Government. 4. Having regard to the fact that the Secretary to Government, Revenue (Deveswom) is bound by the direction contained in Ext.P8 and has to dispose of revision petition within W.P.(C).No.31212 of 2008 - N 4 four months from the date on which the revision petition is filed, the revision petition will have to be disposed of within another month from today, by which time, the period fixed by this Court will expire. Such being the state of affairs, I dispose of this writ petition with a direction that the operation of Ext.P7 will stand stayed till the Secretary to Government, Revenue (Deveswom) Department passes final orders on Ext.P9. P.N.RAVINDRAN, JUDGE. bkn/-