LAWS(KER)-2012-10-15

SURESH KUMAR S Vs. DEVASWOM COMMISSIONER

Decided On October 01, 2012
SURESH KUMAR S Appellant
V/S
DEVASWOM COMMISSIONER Respondents

JUDGEMENT

(1.) PETITIONER , who is a 'Kazhakam' in respondent Devaswom was in fact working as a Peon on 'duty basis'. However, pursuant to Ext.P4 circular dated 19.9.2012, but for the 53 employees listed therein, all other employees including the petitioner who are working on 'duty basis', have been ordered to be sent back to the parent post, from which they were shifted, to be placed on 'duty basis'.

(2.) ACCORDING to the petitioner, he is entitled to be retained as a Peon at the place where he is now working, more so, when such a retention has been recommended by the second respondent as per Ext.P5 dated 25.9.2012. Petitioner is also aggrieved of the stipulation contained in Ext.P4, to the extent that 40% deduction from the basic pay has been ordered in the case of persons who are permitted to continue on 'duty basis'.

(3.) AFTER hearing both the sides, this Court does not find any reason to intercept Ext.P4, being more a 'policy' matter. However, with regard to the factual circumstances projected in the petition and in Ext.P5, the petitioner is set at liberty to file a representation before the Board projecting the grievance within two weeks, upon which the same shall be considered and appropriate orders shall be passed in accordance with law, at the earliest, at any rate, within 'one month' thereafter. Writ petition is disposed of as above.