The petitioners are contingent employees of the Cochin Devaswom Board. The services of the petitioners and others (109 in all) were regularised by proceedings dated 15.12.2012 issued pursuant to the order passed by this Court in D.B.A.No.31 of 2012. The said 109 employees thereafter moved the Cochin Devaswom Board for category change as Last Grade employees. The Board considered the said request and resolved to absorb them as Last Grade Servants in a phased manner. The Board also filed a petition before this Court for permission to pay enhanced salary to them. The Ombudsman thereafter submitted a report to this Court. The petition filed by the Board and the said report were considered along with W.P.(C)Nos.23855, 24934 and 28202 of 2013 filed by the petitioners and others wherein they had sought category change as Last Grade employees.
2. While the said writ petitions and the petition filed by the Board were pending, the Board issued Ext.P3 order dated 30.1.2014 whereby it decided to implement the decision taken by it on
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27.11.2013 subject to the conditions enumerated therein. One of the conditions was that out of the 109 contingent employees those who have completed 50 years of age as on 1.1.2014 will not be considered for category change. It was also stipulated that category change will be given from among those who have passed the 7th standard. The Board thereafter filed a statement in this Court on 6.1.2014. Shortly thereafter, the Special Devaswom Commissioner, Cochin Devaswom Board issued a proceedings dated 14.2.2014 in terms of Ext.P3 Board order. The only modification therein was that the interview proposed in the Board order dated 30.1.2014 was dispensed with.
3. A Division Bench of this Court considered the said proposal and approved it by Ext.P2 judgment delivered on 17.2.2014. The petitioners are admittedly parties to W.P.(C)No.23855 of 2013 (petitioners 9 and 27 respectively) which was disposed of by the said judgment. The said judgment has attained finality. In the instant writ petition which was filed on 27.3.2014, the petitioners seek a writ in the nature of mandamus commanding the Cochin Devaswom Board to relax the stipulation in Ext.P3. The petitioners contend that the stipulation in Ext.P3 that those contingent employees who have completed the age of 50 years as on 1.1.2014 will not be considered for category change has no nexus with the
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object sought to be achieved and is therefore arbitrary.
4. I heard Sri.V.Tek Chand, learned counsel appearing for the petitioners and Sri.V.Krishna Menon, learned standing counsel appearing for the Cochin Devaswom Board. It is evident from a reading of Ext.P2 judgment to which the petitioners are parties that the proposal in Ext.P3 as modified by the Special Devaswom Commissioner in his proceedings dated 14.2.2014 was approved by this Court. Necessarily therefore, the petitioners who have completed 50 years of age as on 1.1.2014 cannot seek or be granted category change pursuant to the decision taken by the Cochin Devaswom Board on 27.11.2013. The petitioners who are parties to Ext.P2 judgment which binds them cannot in my opinion challenge Ext.P3 or the proceedings dated 14.2.2014 issued by the Special Devaswom Commissioner. The rights of the petitioners stand concluded by Ext.P2 judgment of the Division Bench of this Court and so long as the said judgment remains in force, the reliefs prayed for by the petitioners cannot be granted. The writ petition fails and is accordingly dismissed.
vpv Sd/-
P.N.RAVINDRAN JUDGE