LAWS(KER)-2015-11-168

SANKARANARAYANA PRASAD Vs. MALABAR DEVASWOM BOARD

Decided On November 03, 2015
Sankaranarayana Prasad Appellant
V/S
MALABAR DEVASWOM BOARD Respondents

JUDGEMENT

(1.) The petitioner was an applicant to the post of Santhikaran in the Pallikkunnu Sree Mookambika Temple. Admittedly, the Santhi of the said temple is alternated between hereditary Santhi and the non-hereditary Santhikaran; each holding charge for two months. A notification is said to have been issued calling for qualified and experienced 'Santhikaran' produced at Ext.R5(c), dated 01.07.2014. The controversy arose allegedly due to the prescription of age in Ext.R5(c) between 35- 50; as on 01.01.2014.

(2.) The petitioner was called for the interview as per Ext.P1. Four persons are stated to have been interviewed by the interview board constituted by the Assistant Commissioner of the Malabar Devaswom Board, the 3rd respondent herein. The members of the interview board were the Inspector Gr.I of the Thalassery Division of the Board, the Thanthri of the temple, the Chairman of the Trustee Board and the Executive Officer of the temple. The 1st rank holder is said to have relinquished his claim as per Ext.P2.

(3.) The petitioner aggrieved by the fact that no appointment order has been issued to him, despite he being the 2nd in the rank list, approached this Court by W.P.(C) No.11376 of 2015, wherein, there was an interim order passed, not to appoint any other person lower in the rank list, to the petitioner, in the temple. The petitioner was also issued with an order dated 28.04.2015 at Ext.P5 permitting him to join as on 01.07.2015, in compliance with the interim order. However it is to be stated that the Trustee Board had filed an application to vacate the interim order.