Disposed

The Zamorin Raja of Calicut, v. the State of Kerala

Kerala HC5 Mar 2021WP(C)/25812/2020

Case brief

AI extract

What is this about?

The petition sought declaration of specified temples as 'A grade' and revision of employee emoluments. The court closed the petition after recording a Government Order dated 12.02.2021 which provided for pay revision based on temple grading, thereby removing any need for a separate order as the benefits would accrue automatically.

What did the court decide?

No separate order for declaration or pay revision made; the writ petition is closed pending upgradation of temples in tune with the G.O dated 12.02.2021.

The Zamorin Raja of Calicut, Vs the State of… — Pension and Retirement Benefits | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR

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THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN

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FRIDAY, THE 05TH DAY OF MARCH 2021 / 14TH PHALGUNA, 1942

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WP(C).No.25812 OF 2020(B)

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PETITIONER:

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THE ZAMORIN RAJA OF CALICUT, TALI DEVASWOM BUILDING, CHALAPPURAM P.O., KOZHIKODE673002.

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BY ADVS.

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SRI.SRINATH GIRISH SRI.P.JERIL BABU

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RESPONDENTS:

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1 THE STATE OF KERALA, REPRESENTED BY THE ADDITIONAL SECRETARY, REVENUE (DEVASWOM) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.

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

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R1-SR.G.P.-SRI.RENIL ANTO KANDAMKULATHY R2 BY SRI.R.LAKSHMI NARAYAN, SC, MALABAR DEVASWOM BOARD

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P.(C).25812/2020

JUDGMENT

Ravikumar, J.

This writ petition has been filed seeking the following reliefs:-

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a) Issue a writ of Mandamus or such other appropriate writ, direction or order, directing the respondents to declare the Varakkal, Panniyur, Azhagath and Kodikunnu Temples which are under the Hereditary Trusteeship of the petitioner as A grade temples in accordance with Ext.P1 circular;

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b) Direct the respondents to take steps to revise the salary and emoluments to be paid to the employees of the Varakkal, Panniyur, Azhagath and Kodikunnu Temples after declaring that they are A grade temples within such time frame as specified by this Honourable Court

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The afore-extracted reliefs and the pleadings in the writ petition

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would reveal that essentially, the grievance of the petitioner is with respect to the non-upgradation of the temples mentioned in prayer No.(a) as 'A' grade temples in the light of Ext.P1 order.

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Heard the learned counsel for the petitioner, the learned

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Government Pleader and the learned standing counsel for the Malabar Devaswom Board (MDB).

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A statement has been filed by the learned standing counsel as

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directed by this Court on 18.2.2021 and along with the same, copy of G.O.

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W.P.(C).25812/2020

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(Ms).No.57/2021/RD dated 12.02.2021 is produced. The said G.O

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pertains to the revision of pay of employees of temples which are under the supervisory control of the MDB. A perusal of the same would reveal

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grading of temples based on the annual income of the temples. In such circumstances, there can be no doubt that the question of pay pattern of employees attached to any particular temple over which MDB got supervisory control depends upon the grading of the temple concerned. In such circumstances, in the light of the aforesaid G.O dated 12.02.2021, if the temples in question are upgraded taking into account their respective income, certainly, the pay revision benefits will flow from it in favour of the employees of the temple concerned subject to its 'grading'. No separate orders are called for in such circumstances. Hence, recording the issuance of G.O dated 12.02.2021 and leaving it open to the petitioner to take appropriate action in tune with the said G.O., this writ petition is closed.

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Sd/-

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C.T.RAVIKUMAR JUDGE

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Sd/MURALI PURUSHOTHAMAN JUDGE

W.P.(C).25812/2020

APPENDIX

PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE CIRCULAR NO.5718/2012/RD DATED 6-10-2012 ISSUED BY THE ADDITIONAL SECRETARY,REVENUE(DEVASWOM)DEPARTMENT, GOVT. OF KERALA. EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED 15-01-2019 IN W.P(C)NO.1239/2019 EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 15.02.2019 SUBMITTED BY THE EXECUTIVE OFFICER,VARAKKAL DEVASWOM TO THE SECRETARY,DEVASWOM DEPARTMENT,GOVT. OF KERALA EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 16.07.2019 SUBMITTED BY THE ZAMORIN RAJA OF CALICUT TO THE SECRETARY,DEVASWOM DEPARTMENT,GOVT.OF KERALA. ANNEXURE R2(A): THE PHOTOCOPY OF G.O.(MS)NO.57/2021/RD DATED 12.2.2021

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spc/

The Zamorin Raja of Calicut, v. the State of Kerala

Case brief

What is this about?

What did the court decide?

The Zamorin Raja of Calicut, v. the State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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