Regularization of temporary hands - Scope of Umadevi's case - Kerala Devaswom Recruitment Board Act 2015 - Applicability - Regularization of temporary hands - Scope of Umadevi's case - Kerala Devaswom Recruitment Board Act 2015 - Applicability.

Ramachandra Menon, J.

1. Whether the dictum contained in the Secretary, State of Karanataka and others Vs. Umadevi [(2006) 4 SCC 1], rendered by the Constitution Bench of the Apex Court giving certain benefits to have the long tenure of temporary service of more than 10 years in respect of irregular appointments (unlike illegal appointments) to be regularised as a 'one time measure' could be taken as an 'ever to go exercise' to give regularisation of temporary employees, as and when they complete 10 years' service, as sought to be effected by the Guruvayoor Devaswom Managing Committee ? Is the said Committee justified in taking a resolution to regularise the service of such temporary hands who are appointed quite recently, even in the year 2013-14, that too, without calling for applications by way of wide paper publication, but for confining such exercise notifying on the Notice Board of the Devaswom Board or at times in certain local dailies without calling for applications to fill up the regular vacancies? Is it appropriate for the Committee to ignore the claim of persons (temporary hands) who had served the Devaswom longer, even for more than 10 years and to extend the benefit of regularisation to persons having much lesser tenure of about 'two years', merely for the reason that the former group having been sent out already were not continuing in the service of the Devaswom? These are the vital points to be considered and clarified in these matters .

2. The terms and conditions of service of employees in the Guruvayoor Devaswom are governed by the provisions of the Guruvayoor Devaswom Act, 1978 and the Regulations framed by the Managing Committee [in exercise of the power conferred upon the Committee under Section 39 of the said Act]. As per the provisions of the Act, the appointment of staff is to be carried out by the Managing Committee, whereas the power to appoint 'temporary hands' to meet the need of the hour is vested upon the Administrator appointed/nominated under Section 14 of the Act, of course, with the prior approval of the Managing Committee, in terms of Regulation No.17 framed by the Managing Committee as aforesaid.

3. As per the Regulations, appointment to the regular post of L.D.Clerks, Scavangers/Sweepers (as involved in the present case) is to be made by the Committee from the eligible hands. The method of appointment is by way of 'direct recruitment', either by conducting a written test or interview or both.

4. It is not a matter of dispute that no regular appointment was being effected by the Committee in the Guruvayoor Devaswom for quite long. Due to one or other reason, the vacancies were being filled up by appointing persons on temporary basis and they were permitted to be continued and regularised in the due course.

5. Such appointment was being done merely on the basis of interview, that too just by notifying the same in the Notice Board of the Devaswom and at times in some local dailies as well. This became the order of the day, which was sought to be challenged from different corners and ultimately, the matter came up for consideration before this Court in W.P.(C) No.32138 of 2011.

6. After hearing both the sides, a learned Single Judge of this Court made it clear point blank, that in so far as the appointment in Guruvayoor Devaswam was public appointment, it was quite arbitrary and illegal on the part of the Devaswom to have appointed persons without effecting wide publication in newspapers, but for the notice put up on the Notice Board of the Devaswom. The Bench also observed that the question of unemployment was acute in the State and nobody could be expected to come to the office of the Devaswom everyday for watching the Notice Board to know the availability of any vacancy. The course pursued by the Devaswom was deprecated and as per Ext.P4 judgment dated 27.06.2012, it was made clear, whether the appointment was temporary or permanent, the Devaswom had to notify the same giving wide publi