IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 23RD JULY 2010 / 1ST SRAVANA 1932 WP(C).No. 23038 of 2010(D) -------------------------- PETITIONER(S): ----------------------- 1. SREENIVASAN, PART TIME SWEEPER ASSISTANT ENGINEER'S OFFICE,TRAVANCORE DEVASWOM BOARD, KOLLAM GROUP, KOLLAM. 2. SUSEELAN, S/O.SIVANANDAN, PART TIME SWEEPER ASSISTANT ENGINEER'S OFFICE,TRAVANCORE DEVASWOM KARUNAGAPPALLY GROUP, KOLLAM. BY ADV. SRI.K.KARTHIKEYA PANICKER SMT.DAYA K. PANICKER RESPONDENT(S): ------------------------ 1. THE TRAVANCORE DEVASWOM BOARD REPRESENTED BY ITS SECRETARY DEVASWOM BOARD BUILDING, NANTHANCODE, THIRUVANANTHAPURAM -03 2. THE CHIEF ENGINEER (GENERAL) TRAVANCORE DEVASWOM BOARD THIRUVANANTHAPURAM -03 3. THE DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD THIRUVANANTHAPURAM -03 SRI.P.GOPAL, SC, TDB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 23038 OF 2010 (D) ===================== Dated this the 23rd day of July, 2010 J U D G M E N T Petitioners are Part Time Sweepers in the Maramath wing of the Devaswom Board. Despite absence of avenues of promotion, they claimed promotion. According to them, while the temple employees were getting promotions, they were discriminated Finally, they approached this Court and filed WP (C) No.29209/09 and by judgment dated 9/11/09, the writ petition was dismissed. They filed WA No.130/10 and that writ appeal was also dismissed by Ext.P1 judgment. In the judgment, this Court held that whether there should be a full time post of Sweeper in the Maramath wing is a matter for the Devaswom Board to decide. 2. It would appear that, subsequently, the petitioners filed representations to the Board claiming promotion to the post of Lascar. The said representation was forwarded to the Chief Engineer and the Chief Engineer appears to have submitted Ext.P2 report to the Devaswom Commissioner. Referring to the decision of the Board dated 6/10/2008 to the effect that the post WPC No. 23038/10 :2 : of Lascar and the post of sweeper are different and that there is no Rule for promoting sweepers to the post of Lascar, the Chief Engineer closed the file. It is stated in the report that it is a matter for the Board to reconsider. What the petitioners now say is that in view of what is stated in Ext.P2 report of the Chief Engineer, the Board should be directed to reconsider their claims for promotion. 3. Essentially, it is a matter of policy, and it is for the Board to decide whether they have to review their decision dated 6/10/2008 or to create the post of full time sweeper as claimed by the petitioners. Ext.P2 does not show that the Board is seized of this issue. Therefore, if at all the petitioners are desirous of moving the Board, it is upto to them to make representations, in which event, it is up to the Board to decide on the issue and in such a matter, this Court cannot issue any direction as sought for by the petitioners. Writ petition is dismissed. ANTONY DOMINIC, JUDGE Rp