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Guruvayur Kshetra Karmic Sangham(Bms), v. State of Kerala

Kerala HC25 Jan 2021WP(C)/9913/2020

Case brief

AI extract

What is this about?

In a writ petition, employees of Guruvayur Devaswom challenged a deferred salary order. The Court observed that the Government had issued an order to repay the amounts via cash installments. It directed the Government to remit funds to the Devaswom and the Administrator to disburse them to employees.

What did the court decide?

Directing the Government to remit amounts to the Devaswom within the time each month and the Administrator to ensure payment of deferred salary to employees in cash monthly instalments from 1st June 2

Guruvayur Kshetra Karmic Sangham(Bms), Vs State of… — Service and Employment | 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 DEVAN RAMACHANDRAN

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MONDAY, THE 25TH DAY OF JANUARY 2021 / 5TH MAGHA, 1942

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WP(C).No.9913 OF 2020(L)

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PETITIONERS:

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1 GURUVAYUR KSHETRA KARMIC SANGHAM(BMS), REPRESENTED BY ITS SECRETARY V.C.SUNILKUMAR, REG.NO.8-26/90, SATHRAM NO.2, THEKKENADA, GURUVAYUR, THRISSUR DISTRICT, PIN - 680 101.

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2 K.BINU, ASSISTANT MANAGER, GURUVAYUR DEVASWOM, GURUVAYUR, THRISSUR DISTRICT, PIN - 680 101.

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BY ADVS.

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DR.K.P.SATHEESAN (SR.) SRI.P.MOHANDAS (ERNAKULAM) SRI.K.SUDHINKUMAR SRI.S.K.ADHITHYAN SRI.SABU PULLAN

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY, DEVASWOM DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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2 THE GURUVAYUR DEVASWOM MANAGING COMMITTEE, REPRESENTED BY THE ADMINISTRATOR, SREE PADMAM BUILDING, GURUVAYUR, THRISSUR DISTRICT, PIN - 680 101.

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3 THE ADMINISTRATOR, GURUVAYUR DEVASWOM, SREE PADMAM BUILDING, GURUVAYUR, THRISSUR DISTRICT, PIN - 680 101.

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R1 BY GOVERNMENT PLEADER R2-3 BY ADV. SRI.T.K.VIPINDAS

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SRI. SUNIL KUMAR KURIAKOSE (GP), SRI. VIPIN DAS (SC)

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.9913 OF 2020 2

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JUDGMENT

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The 1^st petitioner - which is stated to be

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a registered Association, representing the

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employees of the Guruvayur Devaswom and an Assistant Manager of Guruvayur Devaswom as the 2^nd petitioner, has approached this Court impugning Ext.P4 proceedings, dated 27/04/2020, issued by the Administrator of

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the said Devaswom, as per which, certain portion of salary payable to the employees have been ordered to be retained, to be repaid later, on account of COVID-19 pandemic disruption.

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The petitioners say that Ext.P4

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proceedings have been issued by the

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Administrator of Guruvayur Devaswom based on

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certain Government Orders and they assert

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that Government has no power to have instructed the Devaswom to do so, since they

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have no direct or even supervisory control in such matters.

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WP(C).No.9913 OF 2020 3

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The petitioners, therefore, pray that Ext.P4 be set aside and the Administrator of Guruvayur Devaswom be directed to refund the amounts retained from the employees forthwith.

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Even though there are various

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assertions, allegations and averments in this

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writ petition, I do not deem it necessary to

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enter into it in detail, since forensic

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propriety of the Government Order with

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respect to Government servants have already been considered by this Court in certain other writ petitions.

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The fact that the concept of “deferment

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of salary” had been thought of and

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implemented by the Government on account of COVID-19 pandemic restrictions alone is virtually uncontested. Of course, the

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adscititious issue in this case is whether

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Government could have issued any order directing such deferment of salary as far as

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WP(C).No.9913 OF 2020 4

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the employees of Guruvayur Devaswom Board is concerned; but as I have said above, these issues have now become rather less relevant because Government has now issued a further order dated 25/10/2020, whereby, repayment of the retained amounts to various employees has been ordered in the following manner:

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“Now, therefore, in exercise of the powers conferred by section 7 of the Kerala Disaster and Public Health Emergency (Special Provisions) Ordinance, 2020 (47 of 2020), the Government of Kerala hereby specify the manner in which the pay and allowances deferred as per notification issued under G.O(P)No.53/2020/Fin. Dated 30^th April, 2020 and published as S.R.O.No.296/2020 in the Kerala Gazette Extraordinary No.1115 dated 30^th April, 2020 will be given back to such employees and teachers specified therein:

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(1) Pay and allowances deferred from the salary of April 2020 to August 2020 would be merged in the Provident Fund on 1^st April, 2021. Amount thus merged will only be permitted to withdraw after 1^st June, 2021. Interest applicable to Provident Fund would also be applicable to such amount so remitted from the date of remittance.

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(2) In the case of employees and teachers who do not have Provident Fund (including pensioners), deferred portion of pay and allowances would be repaid in monthly instalments in cash from 1^st June, 2021. Each monthly instalment would be equivalent to the pay and allowances deferred during each month from April 2020 to August 2020.”

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The learned counsel for the

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WP(C).No.9913 OF 2020 5

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petitioners, Shri.P.Mohandas, submitted that his clients will be satisfied if this Court ensures that the deferred portion of pay and allowances to his clients are at least paid

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in cash from 1^st of June, 2021, since none of them have Provident Fund; and therefore, that if Guruvayur Devaswom and Government agree

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that this will be done, they do not require any further directions other than that.

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I, therefore, asked Shri.Sunil Kumar

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Kuriakose - learned Government Pleader, as to

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how the deferred portion of pay and allowances, as far as the employees of

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Guruvayur Devaswom Board, will be repaid, he

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submitted that if the amounts retained from the employees have already been deposited by the Devaswom to Government Treasury Account,

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then same will be repaid to the Devaswom, so as to be, in turn, paid in cash to the employees starting from 1^st of June, 2021. He prayed that, therefore, this writ petition be ordered on such terms.

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WP(C).No.9913 OF 2020 6

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Shri.Vipin Das, learned Standing Counsel for Guruvayur Devaswom, submitted that the amounts retained from the employees under the Government Order have been remitted

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to the Special Treasury Savings Bank Account, as is evident from Ext.P7 and therefore, that his client understands that Government will pay back this money to them, which can then be disbursed to individual employees in cash from 1^st of June, 2021. He also, therefore, prayed that no further orders be issued in this writ petition, other than to the afore effect.

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petition was filed on 12/05/2020, when the concept of deferment of salary had been just introduced. There was a lot of issues with respect to this policy, leading to various writ petitions; but, as matters now stand, the period of deferment is coming to a close

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and the Government has, through their order dated 25/10/2020, agreed to repay these

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WP(C).No.9913 OF 2020 7

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amounts in cash from 1^st of June, 2021.

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Thus, sole issue that is now

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relevant is whether the latest Government

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Order dated 25/10/2020 would apply in the

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case of employees of Guruvaur Devaswom Board

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also. However, since Shri.Sunil Kumar Kuriakose - learned Government Pleader and Sri.Vipin Das - learned Standing Counsel for Guruvayur Devaswom Board say that this Order will apply in its full force to the employees of the Devaswom Board also, I do not think that any further directions are required in this case other than making sure that the petitioners get their deferred portion of pay and allowances in monthly instalments, as ordered in it from 1^st of June, 2021.

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Resultantly, this writ petition is ordered:

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(a) With a direction to the Government

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to ensure that sufficient amounts, which are necessary to pay the deferred portion of pay

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WP(C).No.9913 OF 2020 8

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and allowances to the employees of Guruvayoor Devaswom Board in monthly instalments - as ordered in the Government Order dated 25/10/2020 are remitted to the concerned Authority of the Devaswom within time each month, so as to ensure that it can be disbursed to the employees in cash from 1^st of June, 2021 onwards.

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(b) On the amounts as afore directed

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being remitted to the account of the Devaswom Board, the 3^rd respondent – Administrator will ensure that each of the employees, from whom amounts had been retained as per the earlier Government Order, is paid in cash in monthly instalments, as ordered in the Government Order dated 25/10/2020, without

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fail from 1^st of June, 2021, until it is

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fully disbursed.

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Sd/-

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DEVAN RAMACHANDRAN JUDGE

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MC/28.1.2021

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WP(C).No.9913 OF 2020 9

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT	P1 TRUE COPY OF THE ORDER DATED 17/09/2018 IN W.P.(C) N0.30154/2018.
EXHIBIT	P2 TRUE COPY OF THE JUDGMENT DATED 19/09/2018 IN W.P.(C) NO.30154/2018.
EXHIBIT	P3 TRUE COPY OF THE NOTIFICATION ISSUED BY THE GOVERNMENT AS G.O.(P) NO.46/2020/FIN. DATED 23/04/2020.
EXHIBIT	P4 TRUE COPY OF THE PROCEEDINGS ISSUED BY THE 3RD RESPONDENT AS NOTIFICATION NO.A1- 2908/2020 DATED 27/04/2020.
EXHIBIT	P5 TRUE COPY OF THE ORDER DATED 5/5/2020 IN W.P.(C) TMP NO.279/2020.
EXHIBIT	P6 TRUE COPY OF THE ORDINANCE NO.30 OF 2020 PUBLISHED AS PER NOTIFICATION NO.6936/LEG.A1/20202/LAW DATED 30/04/2020.
EXHIBIT	P7 TRUE COPY OF THE NOTIFICATION ISSUED BY THE GOVERNMENT AS G.O.(P) NO.53/2020/FIN. DATED 30/04/2020.

Guruvayur Kshetra Karmic Sangham(Bms), v. State of Kerala

Case brief

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Guruvayur Kshetra Karmic Sangham(Bms), v. State of Kerala

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