Kerala High Court
Mahesh P.G vs Travancore Devaswom Board on 23 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
TUESDAY, THE 23RD DAY OF NOVEMBER 2021 / 2ND AGRAHAYANA, 1943
WP(C) NO. 12074 OF 2019
PETITIONER/S:
1 MAHESH P.G., AGED 40 YEARS
S/O GOVINDA VARRIER, PANJAMAM, KARUMALLOOR P.O.683 511.
2 RADHA N.A, AGED 55 YEARS
D/O AYYAPPAN, KAMBOLAM PARAMBIL HOUSE, AMBATTUKAVU,
THAIKKATTUKARA P.O.ALUVA 683 106.
3 VISWANATHAN K.R,AGED 59 YEARS, S/O RAMAN, KARIMBIN VEEDU,
ARA NO 163, AMBATTUKAVU,
THAIKKATTUKARA P.O.ALUVA 683 106.
4 THANKAPPAN NAIR,AGED 63 YEARS
S/O NARAYANAN NAIR, MANKAYIL HOUSE,
THAIKKATTUKARA P.O.ALUVA 683 106.
BY ADVS.
K.S.MADHUSOODANAN
SRI.M.M.VINOD KUMAR
SRI.P.K.RAKESH KUMAR
SRI.K.S.MIZVER
SMT.S.JESSIN
SMT.C.C.BINDHYA
RESPONDENT/S:
1 TRAVANCORE DEVASWOM BOARD, DEVASWAOM BOARD BHAVAN,
NANDANCODE, THIRUVANANTHAPURAM 695 002, REPRESENTED BY
ITS SECRETARY.
2 DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD,
DEVASWOMBOARD BHAVAN, NANDANCODE,
THIRUVANANTHAPURAM 695 003.
WP(C) NO. 12074 OF 2019 2
3 ADMINISTRATIVE OFFICER,
AMBATTUKAVU DEVASWOM, TRAVANCORE DEVASWOM BOARD,
ALUVA,
BY ADV SHRI.G.BIJU,SC,TRAVANCORE DEVASWOM BOARD
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23.11.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 12074 OF 2019 3
JUDGMENT
The petitioners are employed as Kazhakam, sweeper,
accountant and counter employee in the Ambattukavu
Bhagavathy temple. Petitioners joined service around the year
2007. Originally, the temple was being administered by a
public trust Ambattukavu Kshetra Samithi. The grievance of
the petitioners is that now the Travancore Devaswom Board,
which is the first respondent is administering the temple.
Petitioners are claiming enhanced salary a par with the salary
paid to the Devaswom Board employees, as revised from time
to time.
2. Vehemently opposing the claim, the Devaswom in its
statement has specifically contended that the temple was
administered by a private trust and later by invoking Section
37 (2) of the Hindu Religious and Charitable Endowments Act,
1950 the administration of the temple was taken over by the
Devaswom Board and is under its control since then. There
were disputes between groups of devotees which ultimately
led to the filing of OS.No.26/2010, by the Bhagavathy Kshetra
Samithi. The matter came up to the High Court. Thereafter,
the petitioners filed Ext.P3 representation to the Board, seeking
enhancement of their wages. The specific contention of the
Board is salary was being paid prior to taking over the
administration and even thereafter from the funds generated
by the temple itself. The funds of the temple are not taken by
the Board also.
3. In the light of Ext.P3 representation submitted to the
Board, Board filed IA.No.694/2017 in OS.No.26/2010, seeking
leave of the court to enhance the salary, which was enhanced
as per the table shown in the schedule and they are being paid
now from the funds of the temple. It was specifically
contended that, since the petitioners are not the employees of
the Board, they are not legally entitled to claim against the
Board, parity to the salary paid to the corresponding employees
directly under the Board.
4. It seems that there is nothing on record to show that
the petitioners are directly employed by the Board. It is also
clear that the administration alone was taken over by the Board
under the provisions of the Hindu Religious and Charitable
Endowments Act. Having considered this, I find that the claim
of the petitioners, seeking enhancement at the instance of the
Board, is not legally sustainable. Writ Petition fails and is
accordingly dismissed.
Sd/-
SUNIL THOMAS, JUDGE
R.AV
APPENDIX OF WP(C) 12074/2019
PETITIONER EXHIBITS
EXHIBIT P1 PHOTOCOPY OF THE CHART SHOWING SERVICE
DETAILS WITH SALARIES OF PETITIONERS
EXHIBIT P2 PHOTOCOPY OF THE NOTIFICATION PUBLISHED IN
KERALA GAZETTE DATED 17.11.2009
EXHIBIT P3 PHOTOCOPY OF THE REPRESENTATION DATED
15.6.15 TO THE 3RD RESPONDENT BY THE
PETITIONERS
EXHIBIT P4 PHOTOCOPY OF THE REPORT OF 3RD RESPONDENT
DATED 8.12.17
EXHIBIT P5 PHOTOCOPY OF THE REMINDER DATED 10.4.18 TO
THE 3RD RESPONDENT BY THE PETITIONERS
EXHIBIT P6 PHOTOCOPY OF THE REPRESENTATION DATED
3.4.19 TO THE 1ST RESPONDENT BY THE
PETITIONERS WITH COPY TO RESPONDENTS 2 AND
EXHIBIT P6(A) PHOTOCOPY OF THE RECEIPT DATED 4.4.19
DATED THIS THE 10TH DAY OF APRIL 2019
EXHIBIT P7 PHOTOCOPY OF THE ORDER BEARING NO.ROC
NO.4022/19/MISC.3 DATED 5.9.2019, ISSUED
BY 1ST RESPONDENT.
EXHIBIT P8 RELEVANT PAGES OF THE PAY REVISION OF
TRAVANCORE DEVASWOM BOARDE EMPLOYEES DATED
1.7.2016 BEARING NO.ROC NO.515/2016/EST.
