The petitioner, a permanent employee of the Kerala State Road Transport Corporation has filed this writ petition for an order directing the Commissioner, Travancore Devaswom Board to consider and pass orders on Ext.P1 representation within a time limit to be fixed by this Court. He has also prayed for a writ in the nature of mandamus commanding the second respondent, Sub Group Officer, Travancore Devaswom Board to keep in abeyance appointment to the post of 'Melshanthi' and 'Keezhshanthi' in Major Vellayani Devi Temple, Nemom pending disposal of Ext.P1. 2. When the writ petition was came up for admission hearing on 31.5.2014, Sri.A.N.Rajan Babu, learned standing counsel for the Travancore Devaswom Board was directed to get instructions. When the writ petition came up for further hearing today, Sri.A.N.Rajan babu, learned standing counsel appearing for the Travancore Devaswom Board submitted on instructions that there is no vacancy of 'Melshanthi' and 'Keezhshanthi' in Major Vellayani Devi Temple, Nemom, that the 'Melshanthi' has three years of service left and the W.P.(C).No.13718 of 2014 2 'Keeshshanthi' has nearly ten years of service left, that the petitioner is a permanent employee of the Kerala Road Transport Corporation and therefore he cannot be appointed as 'Shanthi' of the temple.
3. Learned counsel appearing for the petitioner submitted that the petitioner is more interested in the affairs of the temple than in the Kerala State Road Transport Corporation, that the petitioner had earlier assisted the 'Melshanthi' during the period from 1998 to 2007 and therefore, the fact that the petitioner is employed in the Kerala State Road Transport Corporation cannot be held out against him. Learned counsel for the petitioner also submitted that without following the prescribed procedure, the second respondent proposed the appointment of Sri.Praveen and Sri.Sreeragh as 'Melshanthi' and 'Keezhshanthi' in the temple, that he has pointed out the said fact in Ext.P1 representation and therefore, there is no reason why the relief prayed for by the petitioner in the writ petition cannot be granted.
4. I have considered the submissions made at the Bar by learned counsel appearing on both sides. The petitioner has not produced any material to show that a vacancy of a 'Melshanthi' or a vacancy of a 'Keeshshanthi' exists in Major Vellayani Devi Temple, Nemom. He is admittedly an employee of the Kerala State Road Transport Corporation. Being a regular employee, he cannot seek employment W.P.(C).No.13718 of 2014 3 elsewhere either on a regular basis except after leaving the service where he is presently employed or on a provisional basis except with the employer's permission. Therefore, the mere fact that during an earlier point of time when he was not employed in the Kerala State Road Transport Corporation he had assisted the 'Melshanthi' of the temple is not a reason to hold that he has a right to be appointed as a 'Melshanthi' or Keezhshanthi' and that too when no vacancy exists. The petitioner was appointed as an employee of the Kerala State Road Transport Corporation in the year 2007 under the dying-in-harness scheme. In such circumstances, as the petitioner is a full time employee of the Kerala State Road Transport Corporation he cannot be seek or granted the reliefs prayed for in the writ petition.
The writ petition fails and is accordingly dismissed. It is however clarified that nothing contained in this judgment which stand in the way of the petitioner from assisting the 'Melshanthi' or 'Keezhshanthi' if they seek his services and such engagement is permissible.
Sd/-
P.N.RAVINDRAN, JUDGE.
rkc.