IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN THURSDAY, THE 1^ST DAY OF AUGUST 2024 / 10TH SRAVANA, 1946 WP(C) NO. 27317 OF 2024 PETITIONER:

NARAYANANKUTTY. M AGED 61 YEARS S/O. CHAMI, MULLANKARA HOUSE, KADAMBOOR P.O., VIA OTTAPALAM, PALAKKAD DISTRICT, PIN – 679 515.

BY ADVS.

SANTHEEP ANKARATH BHAVANA J. MENON RESPONDENTS:

1 MALABAR DEWASWOM BOARD OFFICE OF THE MALABAR DEVASWOM BOARD, ERANHIPALAM, KOZHIKODE DISTRICT, REPRESENTED BY ITS SECRETARY, PIN – 673 006.

2 COMMISSIONER MALABAR DEWASWOM BOARD OFFICE OF THE MALABAR DEVASWOM BOARD, ERANHIPALAM, KOZHIKODE DISTRICT, PIN – 673 006.

3 ASSISTANT COMMISSIONER OFFICE OF THE ASSISTANT COMMISSIONER, MALABAR DEVASWOM BOARD, PALAKKAD, PIN – 678 013.

4 THE EXECUTIVE OFFICER SREE PANAYOORKAVU TEMPLE, KADAMBUR P. O., VIA OTTAPALAM, PALAKKAD DISTRICT, PIN – 679 515.

SMT.R.RANJANIE – S.C., MALABAR DEVASWOM BOARD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.08.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The petitioner is working as a Watchman in Sree Panayoorkavu Temple, Kadambur under the Malabar Devaswom Board from 25.08.2009. However, his service was regularised only with effect from 22.09.2018, as per Ext.P2. The petitioner contends that his service ought to have been regularised with effect from 25.08.2009 so that he will be eligible for pensionary benefits on his retirement. The petitioner has submitted Ext.P5 representation before the 4^th respondent requesting regularisation of his service with effect from 25.08.2009 which was forwarded to the 3^rd respondent along with Ext.P6 recommendation. The 3^rd respondent has not so far forwarded Exts.P5 and P6 to the 2^nd respondent, Commissioner. Accordingly, this writ petition is filed, inter alia, for direction to the 2nd respondent to consider Ext.P5 representation in the light of Ext.P6 recommendation.

2. Heard the learned counsel for the petitioner and the learned Standing Counsel for respondents 1 to 3. In the nature of the direction I propose to issue, notice to the 4^th respondent is dispensed with.

3. In the facts and circumstances of the case and having regard to the submissions made across the Bar, there will be a direction to the 3^rd respondent to forward Exts.P5 and P6 to the 2^nd respondent within a period of two weeks from the date of receipt of a copy of this judgment. On receipt of the same, the 2^nd respondent shall pass orders on Ext.P5, in accordance with law, as expeditiously as possible, at any rate, within a period of three months thereafter.

The writ petition is disposed of with the above direction.

Sd/-

MURALI PURUSHOTHAMAN JUDGE SPR APPENDIX PETITIONER ’ S EXHIBIT S:-

EXHIBIT P1 TRUE COPY OF THE JUDGMENT IN WP(C) 22357 OF 2018 DATED 05.07.2018 PASSED BY THIS HONOURABLE COURT.

EXHIBIT P2 TRUE COPY OF LETTER DATED 01.11.2018 ISSUED BY THE 3RD RESPONDENT ALONG WITH THE PAY SCALE OF EMPLOYEES OF SREE PANAYOORKAVU TEMPLE.

EXHIBIT P3 TRUE COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 20.07.2023 EXHIBIT P4 TRUE COPY OF RECOMMENDATION MADE BY THE

4TH RESPONDENT TO THE 3RD RESPONDENT DATED 05.10.2023.

EXHIBIT P5 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 01.06.2024 EXHIBIT P6 TRUE COPY OF THE RECOMMENDATION DATED

20.06.2024 MADE BY THE 4TH RESPONDENT TO THE 3RD RESPONDENT TRUE COPY OF THE RECOMMENDATION DATED 20.06.2024 MADE BY THE 4TH RESPONDENT TO THE 3RD RESPONDENT.

RESPONDEN T S ANNEXURES : NIL.