Kerala High Court
Kunhirama Pisharadi vs Malabar Devaswom Board on 9 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR. JUSTICE T.R.RAVI
TUESDAY, THE 09TH DAY OF FEBRUARY 2021 / 20TH MAGHA,1942
WA.No.699 OF 2020
AGAINST THE JUDGMENT IN WP(C) 39695/2017(J) OF HIGH COURT OF
KERALA DATED 16.01.2020
APPELLANT/PETITIONER:
KUNHIRAMA PISHARADI
AGED 70 YEARS
S/O.KRISHNA PISHARADI (LATE),
RESIDING AT THEKKEVEETIL HOUSE,
ULIKKAL P.O., KANNUR DISTRICT.
BY ADVS.
SRI.J.JULIAN XAVIER
SRI.FIROZ K.ROBIN
RESPONDENTS/RESPONDENTS:
1 MALABAR DEVASWOM BOARD
KOZHIKODE, ERANHIPALAM P.O.,
KOZHIKODE, PIN-673 001,
REPRESENTED BY ITS PRESIDENT.
2 THE COMMISSIONER,
MALABAR DEVASWOM BOARD,
KOZHIKODE, ERANHIPALAM P.O.,
KOZHIKODE, PIN-673 001.
3 THE ASSISTANT COMMISSIONER,
MALABAR DEVASWOM BOARD,
NEELESHWAR P.O., KANHANGAD,
KASARGOD, PIN-671 314.
4 SREE VAYATHOOR KALIYAR DEVASWOM
(MALABAR DEVASWOM BOARD-NEELESWARAM DIVISION),
ULIKKAL P.O., PIN-670 705,
REPRESENTED BY ITS HEREDITARY TRUSTEE.
WA.No.699 OF 2020
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*ADDL.R5 IMPLEADED.
ADDL. THE DEPUTY COMMISSIONER.
R5 MALABAR DEVASWOM BOARD,
KOZHIKODE, ERANHIPALAM P.O.,
KOZHIKODE, PIN-673 001.
IS SUO MOTU IMPLEADED AS ADDITIONAL RESPONDENT NO.5
AS PER ORDER DATED 9/2/2021 IN WA 699/2020.
R1-3 BY ADV. LAKSHMI NARAYAN (B/O)
R4 BY ADV. SMT.K.A.SANJEETHA
R4 BY ADV. SRI.BALU TOM
SRI.M.RAMESH CHANDER,(SR.)
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 09-02-2021,
THE COURT ON 09-02-2021 DELIVERED THE FOLLOWING:
WA.No.699 OF 2020
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ALEXANDER THOMAS & T.R.RAVI, JJ.
=============================
W. A. No.699 of 2020
[Arising out of judgment dated 16.01.2020
in W.P.(C). No.39695 of 2017]
=============================
Dated this the 9th day of February, 2021
JUDGMENT
ALEXANDER THOMAS, J.
The writ petitioner in W.P.(C). No.39695/2017, has come up in this
intra court appeal before us. The appellant/writ petitioner was earlier
serving the 4th respondent temple (which is under the jurisdiction of the
respondent Malabar Devaswom Board) as "Kazhakam". It is common
ground that he had retired from service on 30.04.2013 as can be seen from
the averments in paragraph No.4 of the counter affidavit dated 18.11.2019
filed by the 4th respondent (temple trustee) in the W.P.(C). Further it is
also admitted in paragraph No.6 of the statement dated 22.10.2019 filed on
behalf of the 2nd respondent Commissioner, Malabar Deveswom Board that
Ext.P5 in the W.P.(C) is the reply dated 22.10.2017 issued by the 4 th
respondent therein to the writ petitioner/appellant herein on his
application dated 09.10.2017 submitted before the 4 th respondent trustee of
the temple for getting his arrears of salary from 01.08.2010 to 27.04.2013
amounting to a total of Rs.1,61,506/-. Now it is pointed out that the
WA.No.699 OF 2020
petition/complaint given by the appellant to the addl. 5 th respondent, the
Deputy Commissioner, Malabar Devaswom Board has been considered by
him and that the 5th respondent Deputy Commissioner, Malabar Devaswom
Board has issued Annexure A1 proceedings dated 30.06.2020 in
M.P.No.1/2020 ordering in paragraph 14 thereof given on internal page 14
of Annexure A1 that the admitted arrears in the case of the writ appellant,
Kunhiraman Pisharody is Rs.96,269/- and that the said admitted amount
shall be disbursed from the temple fund within a period of one month from
the date of issuance of Annexure A1 dated 30.06.2020 and that if any grade
promotion was due to him then the Executive Officer of the 4 th respondent
temple shall take expeditious action to get it sanctioned and arrears thereof
shall be paid at the earliest. It will be pertinent to refer paragraph No.14 of
internal page No.14 of Annexure A1 proceedings dated 30.06.2020
rendered by the additional 5th respondent, Deputy Commissioner, Malabar
Devaswom Board in M.P.No.1/2020, which reads as follows:
"14) As far as the claim of Kunhiraman Pisharody, the petitioner in WP(C)
No.39695/2017 is concerned the admitted arrears of Rs.96,269/- (Rupees Ninety
Six Thousand Two Hundred Sixty Nine Only) shall be disbursed from the temple
fund within a period of one month positively. If any grade promotion was due to
Sri.Kunhiraman Pisharody, the Executive Officer shall expedite action to get it
sanctioned and the arrears due thereon, if any shall be paid at the earliest. The
direction of the Hon'ble High Court as per the judgment in WP(C) No.5390/2018
& WP(C) No.39695/2017 is thus complied with. I order accordingly."
2. The respondents were earlier directed by this Court to furnish
instructions to the respective Advocates concerned as to whether the said
WA.No.699 OF 2020
admitted amount of Rs.96,269/- has been paid and if not the minimum
reasonable time for disbursal and also as to why the balance amount out of
the total claim amount of Rs.1,61,506/- made by the writ appellant has not
been effectively considered by the respondents. Further this Court has also
directed on 01.02.2021 that the respondents should also furnish
instructions on the plea of the writ appellant for the disbursal of the
gratuity amounts due to him, in view of the directions in that regard
separately issued by this Court in the judgment dated 22.12.2020 in W.P.
(C) No.25945/2020.
3. Today when the matter has been taken up for consideration,
Sri.M.Ramesh Chander, learned Senior counsel instructed by
Smt.K.A.Sanjeetha, learned counsel appearing for the 4 th respondent
temple trustee submits on the basis of the instructions of the 4 th respondent
temple that the said temple is facing great financial difficulties and that in
view of the ceiling in income norms fixed by the Government for grant of
funding for payment of salaries to the temple employees, the amounts now
available at the hands of the temple is quite limited, more so, particularly,
in view of the revision of salaries of the temple employees and the limited
amount that is now being disbursed by the special fund of the Department,
on account of the revised ceiling norms, etc. Further the learned Senior
WA.No.699 OF 2020
counsel would submit that the 4th respondent has been instructed to
immediately disburse the admitted amount of Rs.96,269/- covered by
paragraph 14 of Annexuer A1 order dated 30.06.2020 to the writ appellant,
within three months and in two equal instalments, after deducting the
amount of Rs.10,000/- already paid.
4. Sri.J.Julian Xavier, learned counsel appearing for the writ
appellant would seriously oppose the said request for extended time for
making the payment and would point out that the amounts were due to the
petitioner long ago and he has retired from service as early as 30.04.2013
and the due amounts are for the period from 01.08.2010 to 27.04.2013 and
that this Court may direct the 4th respondent temple authorities to
immediately disburse the said amount.
5. After having both sides and taking into account the financial
difficulties said to be faced by the 4 th respondent temple, and further that
an amount of Rs.10,000/- has already been paid by the 4 th respondent to
the writ appellant out of the said amount of Rs.96,269/- it is ordered in the
interest of justice that the 4th respondent shall immediately disburse the
said admitted amount of Rs.96,269/- covered by paragraph No.14 of
Annexure A1 order, after deducting the amounts already paid in that
regard, within a period of two months but in two equal instalments, and the
WA.No.699 OF 2020
1st instalment of which shall be paid within 30 days from the date of receipt
of a certified copy of the judgment and the balance one half should be paid
within 30 days thereafter. Further it is also ordered that in case the 4 th
respondent does not pay the said one half due amount to the writ appellant
within a period of 30 days as aforestated, then the abovesaid due amounts
covered by paragraph No.14 of Annexure A1 will carry interest at the rate of
7% per annum from the date of issuance of Annexure A1 order viz.,
30.06.2020 up to the date of actual payment. So also, even if the first
instalment is paid within the time limit, if the 2 nd instalment is not paid
within the above time limit, then the due amounts will carry interest @ 7%
p.a. from the expiry of the time limit for payment of the 2 nd instalment upto
the date of actual payment.
6. Further it is seen that the total claim amount put forward by the
appellant before the respondent Malabar Devaswom Board authorities was
Rs.1,61,506/- as can be seen from the averments in paragraph No.6 on
internal page No.3 of the statement dated 22.10.2019 filed on behalf of the
2nd respondent, Commissioner, Malabar Devaswom Board. But the amount
that is now sanctioned as per paragraph No.14 of Annexure A1 is only
Rs.96,269/- and the reasons as to why steps have not been taken for
considering the claim of the writ appellant for the balance amount of
WA.No.699 OF 2020
Rs.65,237/- (viz., Rs.1,61,506 - Rs.96,269 = Rs.65,237) are not stated.
Further as regard the matter relating to disbursal of gratuity amounts,
Sri.R.Lakshmi Narayan, learned standing counsel for the Malabar
Devaswom Board appearing for official respondents 1 to 3 and 5 would
submit on the basis of the instructions that separate directions has already
been given by the learned Single Judge of this Court as per judgment dated
22.12.2020 in W.P.(C) No.25945/2020 filed by the present appellant
herein, whereby respondents 4 and 5 therein (Chairman of the Temple
Trustee Board and the Executive Officer of the Temple) have been directed
to forward the necessary proposal for payment of gratuity to the petitioner
herein as per order G.O.(Rt) No.204/2012/RD dated 10.01.2012 (produced
as Ext.P1 in WP(C) No. 25945/2020) within a period of one month, in
which event, the competent authority of the Malabar Devaswom Board was
directed to consider the same and disburse the eligible amounts to the
petitioner without any delay, at any rate, within one month.
7. The learned Standing Counsel for the Malabar Devaswom
Board appearing for official respondents 1 to 3 and 5 would submit on the
basis of the instructions that it is reliably learnt that so far the Temple
Trustee and the Executive Officer has not forwarded the requisite proposal
for payment of gratuity to the writ appellant on the basis of the order G.O.
WA.No.699 OF 2020
(Rt) No.204/2012/RD dated 10.01.2012 produced as Ext.P1 therein and
that the Malabar Devaswom Board authorities can take further action in
the matter immediately after receipt of the necessary proposal from the
aforesaid temple authorities in question.
8. Accordingly, it is ordered that further consideration in relation
to the claim of the petitioner for the balance amount, which has not been
effectively considered in Annexure A1, will stand remitted to the 5 th
respondent, Deputy Commissioner for consideration and for decision
afresh. The Executive Officer of the 4 th respondent Temple and the 4th
respondent Temple Trustee will immediately furnish the factual details
regarding the claims of the writ appellant for the said balance amount and
as to whether higher grade in the pay was due to the petitioner/writ
appellant and details of the claim shall be meticulously dealt with in their
report or statement which shall be filed by the Executive Officer and the
Temple Trustee before the 5th respondent, Deputy Commissioner without
any further delay, at any rate, within two weeks from the date of receipt of
certified copy of this judgment. Thereafter the 4 th respondent will afford
reasonable opportunity of being heard to the writ appellant and the
Executive Officer and the 4 th respondent Temple Trustee and take a
decision on merits regarding the claim of the petitioner for the balance
WA.No.699 OF 2020
amount and if any balance amounts are found to be so due, then necessary
directions may be given by the 5 th respondent, Deputy Commissioner to the
4th respondent Temple Trustee to pay the balance amount without any
further delay.
9. As regards the payment of gratuity amounts, what we would say
is that, it is now brought to our notice that the learned Single Judge of this
Court has already rendered a separate judgment on 22.12.2020 in WP(C)
No.25945/2020 filed by the present petitioner herein and separate
directions has already been given therein and since those aspects would
come within the ambit of the judgment in W.P.(C) No.25945/2020 dated
22.12.2020, we need not deal with the matter any further.
With these observations and directions, the above Writ Appeal will
stand disposed of.
Sd/-
ALEXANDER THOMAS, JUDGE
Sd/-
T.R.RAVI, JUDGE
Pn
