Malabar Temple Executive ... vs The State Of Kerala
2021 Latest Caselaw 22431 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                THE HONOURABLE MR. JUSTICE SUNIL THOMAS
     TUESDAY, THE 9TH DAY OF NOVEMBER 2021 / 18TH KARTHIKA, 1943
                        WP(C) NO. 24585 OF 2021
PETITIONER/S:

     1     MALABAR TEMPLE EXECUTIVE OFFICERS FEDERATION
           P.O.MADURA, KASARAGODE-671124, REPRESENTED BY ITS
           PRESIDENT, M.BABU, S/O. NARAYANAN, MADATHIL ILLOM,
           P.O.EALANCHERY, KOZHIKKODE-673502.

     2     T.M.SATYANARAYANAN,
           S/O. KESAVAN NAMBEESAN, DEVAKRIPA, SWAMIMUKKU, KANNUR-
           670521. (VICE PRESIDENT, MALABAR TEMPLE EXECUTIVE
           OFFICERS FEDERATION).

     3     K.VENUGOPAL,
           S/O. PADMANABHAN NAIR, MEETHALEVAYAL, NADUVATHOOR,
           KOYILANDY, KOZHIKODE-673620, (WORKING PRESIDENT, MALABAR
           TEMPLE EXECUTIVE OFFICERS FEDERATION).

     4     K.C.SADASIVAN,
           S/O. NARAYANAN NAMBIAR, NANDANAM, KATHIROOR EAST,
           THALASSERY, KANNUR-670642, (GENERAL SECRETARY, MALABAR
           TEMPLE EXECUTIVE OFFICERS FEDERATION).

     5     E.NARAYANAN,
           S/O. NARAYANAN NAMBEESAN, SARANAM, EDAKKADU, KOZHIKODE-
           673005, (JOINT SECRETARY, MALABAR TEMPLE EXECUTIVE
           OFFICERS FEDERATION).

     6     K.UNNIKRISHNAN,
           S/O. DAMODARA WARRIER, KAKKAMKOVIL, KANNUR-670562,
           (TREASURER, MALABAR TEMPLE EXECUTIVE OFFICERS
           FEDERATION).

     7     K.M.ARAVINDAKSHAN,
           S/O. K.T.RAGHAVAN NAMBIAR, MUNDALLOOR P.O., KANNUR-
           670622. (EXECUTIVE COMMITTEE MEMBER, MALABAR TEMPLE
           EXECUTIVE OFFICERS FEDERATION).

     8     A.VASUDEVAN NAMBOOTHIRI,
           S/O. KRISHNAN NAMBOOTHIRI, ADIMANA ILLOM, P.O.NAMBRAM,
 WP(C) NO. 24585 OF 2021
                                 2

          KANNUR-670741, (EXECUTIVE COMMITTEE MEMBER, MALABAR
          TEMPLE EXECUTIVE OFFICERS FEDERATION).

    9     M.MANOHARAN,
          S/O. K.V.NARAYANAN, MULLAPPALLY, KANNUR-670631,
          (EXECUTIVE COMMITTEE MEMBER, MALABAR TEMPLE
          EXECUTIVE OFFICERS FEDERATION).

    10    V.K.MURALEEDHARAN,
          S/O. KUNHIKRISHNAN NAIR, VARAYALIN KEEZHIL,
          BALUSSERY, KOZHIKODE-673612, (EXECUTIVE COMMITTEE
          MEMBER, MALABAR TEMPLE EXECUTIVE OFFICERS
          FEDERATION).

    11    K.V.BABURAJ,
          S/O. NARAYANA MARAR, KOTTILA VEEDU, RAMANTHALI,
          KANNUR-670308, (EXECUTIVE COMMITTEE MEMBER, MALABAR
          TEMPLE EXECUTIVE OFFICERS FEDERATION).

    12    T.C.KRISHNAVARMA RAJU,
          S/O. VASUDEVAN NAMBOOTHIRI, THEKKE KOVILAKAM,
          NEELESWARAM, KASARAGODE-671314.

    13    M.T.RAMANADHA SHETTY,
          S/O. MUNDAPPA SHETTY, MANGALPADY, KASARAGODE-671324.

    14    V.K.BALAKRISHNAN,
          S/O. NARAYANAN NAIR, SIDHA SAMAJAM, VADAKARA,
          KOZHIKODE-672304.

    15    V.BABURAJ,
          S/O. SEKHARAKURUP, PANTHEERAMKAVU, KOZHIKODE-673019.

          BY ADV MOHAN C.MENON



RESPONDENT/S:

    1     THE STATE OF KERALA
          REPRESENTED BY THE REVENUE (DEVASWOM) SECRETARY,
          REVENUE (DEVASWOM) DEPARTMENT, SECRETARIAT,
          THIRUVANANTHAPURAM-695001.
 WP(C) NO. 24585 OF 2021
                                3

    2     THE MALABAR DEVASWOM BOARD
          REPRESENTED BY ITS COMMISSIONER/SECRETARY,
          ERANHIPALAM P.O., KOZHIKODE-673006.


OTHER PRESENT:

          SC,R.LAKSHMI NARAYAN,GP V.VENUGOPAL




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 24585 OF 2021
                                     4



                           JUDGMENT

The petitioners are office bearers of Malabar Temple

Executive Officers federation, which is an unregistered

Association of Executive Officers. The grievance of the

petitioners in nutshell is that though the post of Executive

Officer, akin to Sub Group Officer/Administrative Officer in

Travancore Devaswom Board and Cochin Devaswom Board is

described as the Chief Executive authority of a temple, in the

service conditions of the executive officer/temple employees,

there is gross discrimination, against the executive officers.

The executive officer draws pay less than his subordinate staff

in the temple. In the case of age of retirement also there is

huge variation. The pay scale of the Malabar temple executive

officers and their conditions of service are not comparable with

the corresponding officers in the Travancore Devaswom Boards,

Cochin Devaswom Board and Guruvayoor Devaswom Board. It

is less than those given to the corresponding officers, it is

contended. They submitted Ext.P1 representation before the WP(C) NO. 24585 OF 2021

first respondent. The limited prayer sought by the petitioners is

for a direction to the first respondent, to take up, consider and

dispose of Ext.P1 on merits and to take appropriate decision on

Ext.P1, having regard to all other facts, as expeditiously as

possible.

2. In the light of the huge disparity that is projected by

the petitioners, I feel that, this is a matter which needs

consideration by the Government at high level. Accordingly,

there will be a direction to the first respondent to take

appropriate decision on Ext.P1, as expeditiously as possible, at

any rate, within a period of three months from the date of

receipt of a copy of this judgment, after giving a reasonable

opportunity of being heard to two of the representatives of the

petitioners, representatives of the Devaswom Boards and all

other interested parties, either physically or online.

Writ Petition is disposed of.

Sd/-

SUNIL THOMAS, JUDGE

R.AV WP(C) NO. 24585 OF 2021

APPENDIX OF WP(C) 24585/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE REPRESENTATION DATED 14.8.2021 SUBMITTED BY PETITIONERS' ASSOCIATION BEFORE THE 1ST RESPONDENT.