Kerala High Court
Surendran vs State Of Kerala on 30 October, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
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WP(C) NO. 29407 OF 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
WEDNESDAY, THE 30TH DAY OF OCTOBER 2024 / 8TH KARTHIKA, 1946
WP(C) NO. 29407 OF 2024
PETITIONERS:
1 SURENDRAN
AGED 59 YEARS
S/O NARAYANAN NAIR, KALATHAILTHODY HOUSE, THRIKKALAYUR,
VALLILLAPUZHA P.O., AREEKKODE, KEEZHUPARAMBA,
MALAPPURAM, PIN - 673639
2 SHYAMALA.A
AGED 59 YEARS
D/O.BALAKRISHNAN NAIR, THEKKUMMADATHIL, VALILLAPUZHA
(PO), AREEKODE (VIA) MALAPPURAM DISTRICT, PIN - 674639
3 PRASANNAKUMAR.K.P
AGED 59 YEARS
S/O.VISWANATHAN NAIR.M, KAKKOORI HOUSE PARUTHIPRA,
SHORNUR PO, PALAKKAD DISTRICT, PIN - 679121
BY ADVS.
K.MOHANAKANNAN
A.R.PRAVITHA
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT, REVENUE
DEVASWOM, THIRUVANANTHAPURAM, PIN - 695001
2 THE MALABAR DEVASWOM BOARD
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WP(C) NO. 29407 OF 2024
REPRESENTED BY ITS SECRETARY, HOUSEFED COMPLEX,
ERANJIPALAM, KOZHIKODE, PIN - 673003
3 THE COMMISSIONER
MALABAR DEVASWOM BOARD, HOUSEFED COMPLEX, ERANJIPALAM,
KOZHIKODE-, PIN - 673003
BY S. SMT.R.RANJINEE
BY G.P. SRI. BINOY DAVIS.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) NO. 29407 OF 2024
JUDGMENT
The petitioners are Executive Officers in various
temples under the Malabar Devaswom Board. The
petitioners state that the conditions of their service are
governed by the Madras Hindu Religious and Charitable
Endowments Act (HR&CE Act for short). According to the
petitioners, there are anomalies in the Rules with regard
to the unification of retirement dates, pension and
gratuity in respect of Executive Officers in respect of
various temples. Taking note of the grievance of the
petitioners, the Malabar Devaswom Board has taken up
the matter with the Government as per Ext.P5
communication dated 05.03.2022. The petitioners have
filed this writ petition for direction to the 1 st respondent
to consider Ext.P5 and pass orders after hearing the
petitioners within a time frame.
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2. A memo has been filed by the learned
Government Pleader producing the copy of the
Government Order G.O.(RT) No.1817/2022/RD dated
22.04.2022 wherein, the Government is stated to have
taken a decision as regards similar anomalies pointed
out by the Federation of Executive Officers. The
petitioners state that even-though the Government
Order dated 22.04.2022 refers to Ext.P5 communication
of the Malabar Devaswom Board, the suggestions made
in Ext.P5 have not been adverted to in the Government
Order.
3. Heard the learned counsel for the
petitioners, the learned Standing Counsel for the
Malabar Devaswom Board and the learned Government
Pleader for the respondents.
4. Having gone through the Government
Order dated 22.04.2022, I find that the suggestions
made by the Malabar Devaswom Board in Ext.P5 as
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WP(C) NO. 29407 OF 2024
regards the anomalies pointed out by the petitioners are
not adverted to in the Government Order.
In the said circumstances, there will be a
direction to the 1st respondent to consider Ext.P5 after
hearing an authorised representative of the Malabar
Devaswom Board and the petitioners in a representative
capacity as expeditiously as possible, at any rate, within
a period of two months from today. Since the
petitioners state that one of the petitioners is due to
retire on 30.11.2024, endeavor may be made to dispose
of the matter before the said date.
The writ petition is disposed of.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
al/-.
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WP(C) NO. 29407 OF 2024
APPENDIX OF WP(C) 29407/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE RELEVANT PAGE OF SCHEDULE OF
ESTABLISHMENT OF THRIKALAYUR DEVASWOM
Exhibit P2 TRUE COPY OF THE PROCEEDINGS
NO.H7/212/2005/MDB DATED 31.05.2016 OF THE
THIRD RESPONDENT
Exhibit P3 TRUE COPY OF THE PROCEEDINGS NO.A2/3672/02
DATED 12.05.2003 OF THE ASSISTANT
COMMISSIONER
Exhibit P4 TRUE COPY OF THE PROCEEDINGS
NO.H7/3310/2019/MDB DATED 16.04.2021 OF THE
2ND RESPONDENT
Exhibit P5 TRUE COPY OF THE COMMUNICATION
NO.H7/4841/2021/MDB DATED 05.03.2022 SENT BY
THE THIRD RESPONDENT TO THE PETITIONERS
Exhibit P6 TRUE COPY OF THE JUDGMENT IN WPC
NO.18509/2023 DATED 28.11.2023
