Kunhikrishnan Namboothiri vs State Of Kerala
2021 Latest Caselaw 5852 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

    THURSDAY, THE 18TH DAY OF FEBRUARY 2021 / 29TH MAGHA,1942

                      WP(C).No.29927 OF 2019(M)

PETITIONERS:

      1        KUNHIKRISHNAN NAMBOOTHIRI, S/O. NARAYANAN NAMOODIRI,
               PRESENTLY WORKING AS MELSANTHI OF AYYAPPAKSHETRAM
               UNDER THE PERALASSERY DEVASWOM, PERALASSERY, P.O.
               MUNDALOOR, KANNUR DISTRICT.

      2        SURESHAN MARANGAD, S/O. SUBRAMANIAN NAMBOOTHIRI,
               KEEZH SANTHI, SREE PERALASSERY DEVASWOM,
               PERALASSERY P.O, MUNDALOOR, KANNUR DISTRICT.

      3        N.M. MURALIDHARAN, S/O. NARAYANAN NAMBOOTHIRI,
               KEEZH SANTHI, -DO-

      4        K. UNNI MADHAVAN NAMBOOTHIRI,
               S/O. KRISHNAN NAMBOOTHIRI, KEEZH SANTHI, -D0-

      5        VINOD KUMAR, S/O. VISHNU NAMBOOTHIRI,
               KEEZH SANTHI, -DO-

               BY ADV. SRI.T.V.JAYAKUMAR NAMBOODIRI
RESPONDENTS:

      1        STATE OF KERALA, REPRESENTED BY SECRETARY,
               REVENUE (DEVASWOM), THIRUVANANTHAPURAM, 695 001.

      2        MALABAR DEVASWOM BOARD, REPRESENTED BY ITS
               SECRETARY, MALABAR DEVASWOM BOARD, HOUSING BOARD
               COMPLEX, IRANJIPALAM, KOZHIKODE DISTRICT-673 006

      3        COMMISSIONER, MALABAR DEVASWOM BOARD, HOUSING BOARD
               COMPLEX, IRANJIPALAM, KOZHIKODE DISTRICT-673 006

      4        MANAGER, PERALASSERY DEVASWOM, PERALASSERY, P.O.
               MUNDALLUR, KANNUR DISTRICT-670 622

               BY ADVS.
               SRI.ASHWIN SATHYANATH
               SRI.SUNIL KUMAR KURIAKOSE-G.P,
               SC-R.LAKSHMI NARAYAN

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD            ON
18.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 29927/19
                                        2


                                     JUDGMENT

The petitioners are stated to be working

as Priests under 'Peralasery Devaswom', of

which the 4th respondent is the Manager; and

they have approached this Court seeking that

respondents 3 and 4 be directed to sanction

them the benefits of 2014 revised Pay Scale,

as also the subsequent revisions. They have

also made an additional plea that the 3rd

respondent-Commissioner of Malabar Devaswom

Board be directed to take up Ext.P5

representation of theirs which relates to

withholding of increments of petitioners 2 and

3 without following due procedure and to

dispose it of within a time frame to be fixed

by this Court.

2. I have heard Sri.Jayakumar Namboodiri

T.V. - learned counsel appearing for the

petitioners; Sri.R.Lakshmi Narayan - learned

Standing Counsel for the Malabar Devaswom WPC 29927/19

Board; Sri.Aswin Sathyanath - learned counsel

appearing for the 4th respondent and Sri.Sunil

Kumar Kuriakose - learned Government Pleader

appearing on behalf of the 1st respondent.

3. Even though there are various

allegations and averments made and urged in

this Writ Petition, I do not deem it necessary

to go into its detail for the simple reason

that all these aspects have to be first

considered by the competent Authority, namely

the 3rd respondent. I say this because, the

petitioners have already approached the said

Authority by preferring Ext.P5 representation

with respect to the alleged withholding of

increments of petitioners 2 and 3 and say that

they are also entitled to the revised pay

scale for the year 2014 and thereafter.

4. The learned counsel appearing for the

4th respondent - Sri.Aswin Sathyanath, however,

submitted that it is his client's specific WPC 29927/19

case that these Pay Revision Orders are not

applicable to the petitioners. Obviously,

therefore, there is a dispute between the

parties on facts which will certainly be

required to be considered by the competent

Authority of the Devaswom Board.

5. Sri.R.Lakshmi Narayan - learned

Standing Counsel for the Malabar Devaswom

Board, submitted that there is no legal

impediment in considering Ext.P5 as also any

other representations that may be made by the

petitioners; but prayed that this Court may

not make any affirmative declarations on the

entitlement of the petitioners to any relief

and leave it to its competent Authority to

take an appropriate decision thereon.

In the afore circumstances, I order this

writ petition and leave liberty to the

petitioners to make an additional

representation before the 3rd respondent, if WPC 29927/19

they are so interested, within a period of two

weeks from the date of receipt of a copy of

this judgment; in which event, the said

respondent will take up such representation,

along with Ext.P5, and dispose of the same,

after affording them as also the 4th respondent

an opportunity of being heard - either

physically or through videoconferencing - thus

culminating in an appropriate order thereon as

expeditiously as is possible, but not later

than two months from the date on which the

additional representation of the petitioners

is received in terms of the afore directions.

Sd/-

                                      DEVAN RAMACHANDRAN
       RR                                   JUDGE
 WPC 29927/19



                            APPENDIX
       PETITIONER'S/S EXHIBITS:

       EXHIBIT P1        TRUE COPY OF THE SALARY REGISTER OF
                         THE 4TH RESPONDENT'S DATED
                         01.07.2014.

       EXHIBIT P2        TRUE COPY OF REPRESENTATION DATED
                         18.05.2017.

       EXHIBIT P3        TRUE COPY OF THE REMIDER

REPRESENTATION DATED 23.09.2017.

EXHIBIT P4 TRUE COPY OF PROCEEDING DATED 04.10.2016.

EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 26.02.2018.

EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED 10.12.2018.