IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 24TH SEPTEMBER 2009 / 2ND ASWINA 1931 DBP.No. 47 of 2009() -------------------- (IN THE MATTER OF COCHIN DEVASWWOM BOARD - CDB REPORT NO. 118/2009 SUBMITTED BY OMBUDSMAN - SUO MOTU PROCEEDINGS INITIATED - PARTY-1. ----------- SRI. VENUGOPALA PISHARADY, KIZHAKKE PISHARAM, PAZHUVAM P.O., THRISSUR. PARTY-II. ------------ THE SECRETARY, COCHIN DEVASWOM BOARD, THRISSUR. ADV. SRI.C.E.UNNIKRISHNAN,SC FOR CDB FOR R SRI.KRISHNAKUMAR MANGOT (AMICUS CURIAE) FOR FOR OMBUDSMAN THIS DEVASWOM BOARD PETITION HAVING COME UP FOR ADMISSION ON 24/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.R. RAMAN & P.R. RAMACHANDRA MENON, JJ. = = = = = = = = = = = = == == = = = D.B.P.47 OF 2009 = = = = = = = = = = = = = = = = = = = = = DATED THIS, THE 24TH DAY OF SEPTEMBER, 2009. O R D E R Raman, J. It is reported that a complaint was received from one Sri. Venugopala Pisharady, the Kazhakam of Pazhuvam Sree Subramonia Swamy Temple. Kazhakam is a hereditary work and after the death of the mother of the complainant, he was doing the work. But he was not paid the pay revision arrears from June, 1997 to July, 1999. Though the Temple was converted from 'C' Grade to 'B' Grade on 19.7.1999 with retrospective effect, the benefit of such upgradation was also not disbursed to him. He also claimed some other amount by way of festival allowance for the period 2007-08 and 2008-09. 2. The Ombudsman issued notice to the respondents and a statement was filed by the Assistant Devaswom Commissioner, Thrissur. The matter was considered by the Ombudsman in proceedings dated 26.11.2008. Since no further action was taken by the Cochin Devaswom Board on the basis of the proceedings Annexure A, the complainant addressed the Ombudsman stating that he has been denied the benefit of 'B' Grade salary from 1997 DBP 47/2009 2 onwards as also the pay revision benefits. A statement from the Assistant Devaswom Commissioner to the effect that the request of the complainant were found to be valid and that the papers are put up with the Board for approval for payment of 'B' Grade salary, pay revision benefits, festival allowance etc., was produced and the matter was heard on 19.8.2009. The statement was recorded in another proceeding of the Ombudsman dated 19.8.2009. It is reported that this Court may give appropriate direction to the Cochin Devaswom Board to disburse the 'B' Grade salary to the complainant for the period from 12.6.1997 to 1.7.1999 and also payment of festival allowance for the years 2007-08 and 2008-09 within a specified time. 3. We have considered the matter. The Ombudsman has submitted his report, after considering the statement filed by the Assistant Devaswom Commissioner also. There is no dispute that when the Temple has been upgraded, ' B' grade salary has to be paid and there is no case for the Cochin Devaswom Board that the complainant has been paid such salary, pay revision arrears and the festival allowance as claimed in his complaint. In the absence of any acceptable objection, the report of the Ombudsman is accepted. We direct the Cochin Devaswom Board to implement the recommendation contained in para 2 of the report of the Ombudsman, which DBP 47/2009 3 is as follows: “It appears that the complainant is not given the benefits to which he is entitled as formal order from the Board has not obtained. Hence it is suggested that the Hon'ble High Court may direct the Cochin Devaswom Board to disburse 'B' Grade salary for the period from 12.6.1997 to 1.7.1999 and also for payment of pay revision benefits from 1.6.2005 onwards as well as for payment of festival allowance for the years 2007- 08 and 2008-09 within a specified time to Shri. Venugopala Pisharady, Kizhakke Pisharam, Pazhuvam P.O., Thrissur.” Report is accepted and the Board may implement the same expeditiously, at any rate within a period of four months. Payments shall be effected within a period of four months and regarding revised salary, appropriate direction be issued within a period of six weeks from the date of receipt of a copy of this order. The D.B.P. is closed. P.R. RAMAN, (JUDGE) P.R. RAMACHANDRA MENON, DBP 47/2009 4 (JUDGE) KNC/-