Prembhasim C.N vs The Guruvayoor Devaswom Managing ...
2024 Latest Caselaw 15514 Ker

Kerala High Court

Prembhasim C.N vs The Guruvayoor Devaswom Managing ... on 5 June, 2024

WP(C) NO. 27693 OF 2021
                                  1
               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
             THE HONOURABLE MR.JUSTICE BASANT BALAJI
    WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946
                       WP(C) NO. 27693 OF 2021
PETITIONER:

          PREMBHASIM C.N.
          AGED 59 YEARS
          CHIRACKAL HOUSE, PERUMPILLISSERY, CHERPU P.O.,
          THRISSUR-680 561
          BY ADVS.
          P.RAMAKRISHNAN
          PREETHI RAMAKRISHNAN (P-212)
          ASHA K.SHENOY
          T.C.KRISHNA
          PRATAP ABRAHAM VARGHESE
          C.ANIL KUMAR


RESPONDENTS:

    1     THE GURUVAYOOR DEVASWOM MANAGING COMMITTEE
          GURUVAYOOR DEASWOM, GURUVAYOOR, THRISSUR-680 101,
          REPRESENTED BY ITS ADMINISTRATOR
    2     THE ADMINISTRATOR,
          GURUVAYOOR DEVASWOM, GURUVAYOOR, THRISSUR-680 101
    3     THE GURUVAYOOR DEVASWOM COMMISSIONER,
          OFFICE OF THE GURUVAYOOR DEVASWOM COMMISSIONER,
          GOVERNMENT SECRETARIAT, ANNEX-II, THIRUVANANTHAPURAM-
          695 001
          BY ADV T.K.VIPINDAS


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 27693 OF 2021
                                    2
                       BASANT BALAJI J.
                    -------------------------
                  W.P.(C )No. 27693 of 2021
                 -------------------------------
             Dated this the 5th day of June, 2024

                            JUDGMENT

The petitioner has approached this Court for the

following reliefs;

"(a) A writ of certiorari or any other appropriate writ or order quashing and setting aside Exhibits P-7, P-8 and P11.

(b) Issue a writ of mandamus or other appropriate writ or order directing the respondents to grant 23 years' higher grade to the petitioner in the scale Rs.11070-

18450,

(c) Issue a writ of mandamus or other appropriate writ or order directing the respondents to pay the terminal benefits due to the petitioner including pension and DCRG after grant of 33 years' higher grade in the scale Rs.11070-18450 and re-fixing his pay,

(d)Issue such other writ, order or direction as are deemed just and proper on the facts and circumstances of the case."

2. The learned Standing Counsel appearing for the

Guruvayoor Devaswom has made available, an order dated

30.05.2024 by which the petitioner has been granted regular

promotion in the post of Plumbing Inspector. The Accounts

section was directed to pass orders for disbursement of salary WP(C) NO. 27693 OF 2021

and pension. Recording this, this writ petition is disposed of

directing the respondent to pay the entire amounts due to the

petitioner within a period of two months from the date of

receipt of a copy of this judgment. It is made clear that if the

petitioner has any further grievance, he is free to approach

this Court.

The writ petition is disposed of as above.

Sd/-

BASANT BALAJI JUDGE saap WP(C) NO. 27693 OF 2021

APPENDIX OF WP(C) 27693/2021

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF DECISION OF THE GURUVAYOOR DEVASWOM MANAGING COMMITTEE DATED 17.8.2005 Exhibit P2 TRUE COPY OF PROCEEDINGS DATED 22.8.2005 OF THE 2NS RESPONDENT Exhibit P3 TRUE COPY OF ORDER DATED 31.7.2006 OF THE 3RD RESPONDENT Exhibit P4 TRUE COPY OF AGENDA OF THE MEETING OF THE MANAGING COMMITTEE HELD ON 7.5.2015 Exhibit P5 TRUE COPY OF PROCEEDINGS DATED 05/2015 OF THE 2ND RESPONDENT Exhibit P6 TRUE COPY OF THE REPRESENTATION DATED 10.7.2015 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT Exhibit P7 TRUE COPY OF PROCEEDINGS DATED 11.5.2017 OF THE 1ST RESPONDENT Exhibit P8 TRUE COPY OF ORDER DATED 23.5.2017 ISSUED BY THE 2ND RESPONDENT Exhibit P9 TRUE COPY OF JUDGMENT DATED 15.10.2019 IN

Exhibit P10 TRUE COPY OF REPRESENTATION DATED 6.12.2019 SUBMITTED BY THE PETITIONER BEFORE THE COMMISSIONER GURUVAYOOR DEVASWOM Exhibit P11 TRUE COPY OF ORDER DATED 1.10.2021 ISSUED BY THE 3RD RESPONDENT Exhibit P-12 True copy of letter dated 18/3/2009 from the Deputy Administrator (Finance) to the Deputy Director, Local Fund Audit Exhibit P-13 True copy of Decision No. 9 dated 22/12/2017 of the 1st respondent Managing Committee Exhibit P-14 True copy of letter dated 24/7/2023 from the 2nd respondent Administrator to the Senior Deputy Director, Guruvayoor Devaswom Audit Exhibit P-15 True copy of letter dated 23/9/2023 from the Senior Deputy Director, Guruvayoor Devaswom Audit to the Administrator, Guruvayoor Devaswom