IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 3RD MARCH 2009 / 12TH PHALGUNA 1930 WP(C).No. 21793 of 2005(T) ----------------------------------- PETITIONER(S): ----------------------- M.K. BHASKARAN PILLAI, WORKING AS WATCHER, PATHIYOOR SUB GROUP, RESIDING AT GOWRI BHAVANAM, KADUVINAL P.O., VALLIKKUNNAM. BY ADV. MR.S.KRISHNAMOORTHY RESPONDENT(S): ------------------------- 1. TRAVANCORE DEVASWOM BOARD REP. BY ITS SECRETARY, NANTHANCODE, TRIVANDRUM. 2. DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, NANTHANCODE, TRIVANDRUM. 3. ASSISTANT DEVASWOM COMMISSIONER MAVELIKKARA DEVASWOM, MAVELIKKARA. ADVS. MR.C.VIJAYAN, SC, TDB FOR R1,R2,R3. MR.D.SREEKUMAR, SC, TDB MR.P.G.PARAMESWARA PANICKER, SENIOR ADVOCATE FOR R1 TO 3 BY ADV. MR.P.GOPAL FOR R1 TO 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.21793/2005 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE CERTIFICATE DT. 28.8.03 ISSUED BY THE SUPDT. OF MEDICAL BOARD, ALAPPUZHA. P2:- COPY OF THE REQUEST/APPLICATION DT. 15.9.03 OF THE PETITIONER. P3:- COPY OF THE RECOMMENDATION DT. 17.9.03 OF THE 3RD RESPONDENT SUBMITTED BEFORE THE 2ND RESPONDENT. P4:- COPY OF THE LETTER DT. 8.10.03 OF THE 2ND RESPONDENT FOR CATEGORY CHANGE. P5:- COPY OF THE JUDGMENT IN WPC. 26142/04 DT. 8.12.04 OF THIS HONOURABLE COURT. RESPONDENT'S EXHIBITS R1(a):- COP R.O.C. NO.848/06/MIS 1 DT. 30.10.06 ISSUED BY THE TRAVANCORE DEVASWOM BOARD. R1(b):- COPY OF THE R.O.C. NO.7984/03/EST. A DT. 27.10.04 ISSUED BY THE SECRETARY OF THE TRAVANCORE DEVASWOM BOARD TO THE COMMISSIONER. R1(c):- COPY OF THE R.O.C. NO.16025/04/EST/MIS-B DT. 30.10.06 ISSUED BY THE DEVASWOM COMMISSIONER. /TRUE COPY/ P.S. TO JUDGE tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 21793 of 2005-T - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of March, 2009. JUDGMENT The petitioner who is working as a Watcher under the first respondent Travancore Devaswom Board, is seeking for a direction to grant him appointment as a peon by way of change of category. 2. The change of category is sought on the following grounds: He is seriously afflicted with 'Epilepsy'. He had been undergoing severe medical treatment to cure the same. But he is having 40% disability on that account which is supported by Ext.P1. In these circumstances, he had been seeking for a change of category as a Peon. According to him, on an earlier occasion he filed Writ Petition No.26142/2004, wherein as per Ext.P5 judgment this court directed the respondents to consider the applications of the persons who have applied for change of category as soon as possible. 3. During the pendency of this writ petition, this court had passed an interim order on 14.12.2005 directing the first respondent Board to consider the correctness of the list of employees and other matters in relation to the category change already placed for consideration of the Board and to take appropriate decision within two months. wpc 21793/2005 2 4. On behalf of the respondents, a detailed counter affidavit has been filed. It is pointed out that pursuant to the order dated 14.12.2005 issued by this court, the Board as per Ext.R1(a), informed the petitioner that he will get category change on the basis of the seniority, along with other eligible candidates. It is further pointed out that the Travancore Devaswom Board as per R.O.C.No.7984/03/Est.A dated 27.10.2004 issued communication to the Devaswom Commissioner to follow the decision taken by the Board on the basis of decision arrived at in the meeting of the Board with the Devaswom Employees Confederation, the recognised trade union functioning the Board for the demands by the employees. The same is produced as Ext.R1(b). As per clause 5 of Ext.R1(b), every temple employee irrespective of their category is eligible to get category change to the post of Peon on the basis of certain conditions. Pursuant to that, the Devaswom Commissioner prepared a combined seniority list of temple employees (irrespective of the post) on the basis of full time service for promotion to the post of Peon/Lascar as on 1.10.2006 (Ext.R1(c)). The petitioner is serial no.137 in Ext.R1(c). It is only on the basis of Ext.R1(c), the proceedings have been issued. 5. Heard Shri S. Krishnamoorthy, learned counsel for the petitioner and Shri P. Gopal, learned counsel for the respondents. wpc 21793/2005 3 6. Learned counsel for the petitioner submitted that the petitioner's condition requires a category change as peon and the matter may be directed to be considered by the Board. 7. Ext.R1(c) is dated 30.10.2006. Therein, the petitioner is serial No.137. The claim raised by the petitioner will therefore be considered after assessing the present position of his seniority in Ext.R1(c). The same has to be considered in accordance with Exts.R1(a) and R1(b) also. Therefore, the first respondent will communicate their decision accordingly, to the petitioner within a period of two months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/