JUDGMENT

The petitioner is working as a Watcher in Kulasekharam Devaswom under the Travancore Devaswom Board (for short 'the TDB'). He entered in service on 25.02.2004 and is continuing as such. According to the petitioner, there is a post of Assistant Public Relations Officer in the TDB which is to be filled by way of transfer from the category of low paid employees in terms of Rule 4 of Travancore Devaswom Board Low Paid Employee’s Appointment As Clerk/Sub Group Officer Rules, 1990 (for short ‘the Rules 1990’). The qualification prescribed for the said post is Graduation and Diploma in Journalism. According to the petitioner, being a low paid employee in the TDB, he is entitled for promotion to the post of Assistant Public Relations Officer since he possessed the required qualification. The post of Assistant Public Relations Officer in TDB became vacant in the year 2007 and the petitioner became qualified for appointment to the said post in the year 2010. The petitioner, therefore, approached the TDB with a request to promote him as Assistant Public Relations Officer.

2. By Ext.P5, the TDB rejected the request of the petitioner on the ground that the post of Assistant Public Relations Officer is coming within the purview of the posts for which recruitment has been entrusted with the Public Service Commission. The petitioner again made a representation in the year 2013, which was rejected by Ext.P9, stating that Kerala Devaswom Recruitment Board is in the process of being constituted and the petitioner can make application for promotion when the Recruitment Board invites application to the said post.

3. The learned counsel for the petitioner submits that, on 03.06.2013, the TDB took a decision to fill up the post of Assistant Public Relations Officer by way of promotion from the cadre of low paid employees. Ext.P10 is the minutes of the meeting of the TDB with the representatives of an employees Union of the TDB. From Ext.P10, it is seen that pursuant to the demand of the Union, the TDB has taken a decision to include the post of Assistant Public Relations Officer within the purview of posts to be filled up from eligible low paid employees. However, it was resolved that further proceedings pursuant to the said decision would be taken by the TDB after examining the legal aspects.

4. Since no steps were taken pursuant to Ext.P10, the petitioner approached this Court by filing W.P.(C) No.7038 of 2014 for direction to the TDB to promote him to the post of Assistant Public Relations Officer. The said writ petition was disposed of by this Court by Ext.P11 judgment directing the TDB to consider the representation submitted by the petitioner. Pursuant to Ext.P11 judgment, the TDB considered the request of the petitioner and by Ext.P12 order rejected the same stating that the post of Assistant Public Relations Officer is a post which is to be filled up only by direct recruitment and that the petitioner can apply for the said post as and when the Kerala Devaswom Recruitment Board is constituted. The petitioner challenged Ext.P12 order before this Court in W.P. (C) No.28429 of 2014 and by Ext.P13 judgment, this Court directed the TDB to consider whether the petitioner can be shifted to the post of Assistant Public Relations Officer and if that can be done, the same shall be placed before the Kerala Devaswom Recruitment Board and the Recruitment Board shall take appropriate decision in the matter in accordance with law. The Court also made it clear that, while taking a decision as above, the TDB shall consider whether it is required to abolish the post of Assistant Public Relations Officer or not.

5. Pursuant to Ext.P13 judgment, the TDB passed Ext.P14 rejecting the petitioner’s request stating that the post of Assistant Public Relations Officer is not a promotion post and the said post has to be filled by direct recruitment. It is further stated therein that the appointment to the post of Assistant Public Relations Officer by direct recru