IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 29TH JULY 2008 / 7TH SRAVANA 1930 WP(C).No. 25108 of 2006(L) -------------------------- PETITIONER: ------------ CHANDRAN NAIR, WATCHER - CUM - GUIDE, THIRUVALLAM DEVASWOM, THIRUVANANTHAPURAM GROUP, TRAVANCORE DEVASWOM BOARD, (RESIDING AT SARADHA BHAVAN, THIRUVALLAM P.O., THIRUVANANTHAPURAM.) BY ADV. SRI.C.RAJENDRAN RESPONDENTS: ------------- 1. TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, NANDANCODU, THIRUVANANTHAPURAM. 2. THE DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, NANDANCODU, THIRUVANANTHAPURAM. 3. THE ADMINISTRATIVE OFFICER, SREE PARASURAMA SWAMI TEMPLE, THIRUVALLAM, THIRUVANANTHAPURAM. BY ADV. SRI.C.VIJAYAN, SC, TDB FOR R1 TO 3 SRI.D.SREEKUMAR, SC, TDB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.25108/2006 APPENDIX PETITIONER'S EXHIBITS P1: COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 24/12/1999 IN OP NO.32726/1999. P2 : COPY OF THE R.O.C. NO.856/2000/EST.I DATED 27/10/2000 ISSUED BY R1. P3 : COPY OF THE ORDER R.O.C.NO.856/2000/EST.I DATED 30/04/2001 ISSUED BY R1. P4: COPY OF THE R.O.C.NO.856/2000/EST.I DATED 23/10/2001 ISSUED BY R1. P5 : COPY OF THE REPORT NO.241 DATED 11/10/2001 FORWARDED BY R3 TO ASST.DEVASWOM COMMISSIONER, THIRUVANANTHAPURAM. P6 : COPY OF REPORT OF ASST.DEVASWOM COMMISSIONER, THIRUVANANTHAPURAM VIDE NO.1984 DATED 16/10/2001 FORWARDED TO R2. P7 : COPY OF R.O.C.NO.8484/2002/MIS.I DATED 27/02/2003 ISSUED BY R1. P8 : COPY OF REPORT NO.83 DATED 29/10/2003 ISSUED BY R3 TO ASST. DEVASWOM COMMISSIONER, THIRUVANANTHAPURAM. P9: COPY OF REPORT NO.2281 DATED 10/11/2003 FORWARDED BY THE ASSISTANT DEVASWOM COMMISSIONER, THIRUVANANTHAPURAM TO R2. P10 : COPY OF R.O.C.NO.886/2000/EST.I DATED 18/12/2003 ISSUED BY THE SECRETARY. RESPONDENT'S EXHIBITS R1(a) : COPY OF THE REPORT OF THE DEVASWOM COMMISSIONER VIDE NO.19377/06/MIS.A DATED 22/11/2006. R1(b) : COPY OF ENGLISH TRANSLATION OF EXT.R1(a). //TRUE COPY// PA TO JUDGE. jg C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. ------------------------- WP(C) No.25108 of 2006 --------------------------------- Dated, this the 29th day of July, 2008 J U D G M E N T Ramachandran Nair, J. The writ petition is filed for a direction to the Travancore Devaswom Board to regularise petitioner's service, who is a temporary Watcher cum Guide in the Thiruvallam temple, appointed in the year 2000. Petitioner is relying on certificates issued by several dignitaries, who visited the Thiruvallam temple, recommending regularisation of petitioner in service. Petitioner's services are relevant because he knows several languages and devotees from all over the country reach the temple, which is unique, for services for the dead. It is seen that the Assistant Commissioner of the Devaswom Board recommended regularisation of his service, and probably based on the same the Secretary of the Devaswom Board requested the Standing Counsel to seek permission from the High Court for creation of a post to accommodate petitioner as Watcher cum Guide in the temple. However, learned Standing Counsel for the Devaswom Board submitted that having regard to the three Watchers already available in the temple, the Devaswom Board decided not to WP(C) No.25108/2006 -2- regularise petitioner but to permit the petitioner to continue as temporary Watcher cum Guide. It is obvious that petitioner's services were useful to the Devaswom Board for the last 8 years because he knows several languages and devotees were given guidance by him to perform Poojas in the temple. If a regular guide with knowledge in several languages is required in the temple, then we see no reason why petitioner should not be regularised and a post should not be created for a Guide in the temple. This is, of course, a matter for the Devaswom Board to consider. However, the wages paid to him i.e. Rs.2,000/- per month is too low considering the services of petitioner rendered on regular basis. In fact, the Devaswom Board can think of recouping the payment made to the petitioner, in the form of collecting it from the devotees under the head 'service charges payable to the guide'. We, therefore, direct the Devaswom Board to increase the wages payable to petitioner as temporary Watcher cum Guide to Rs.3,000/- per month and to consider creation of the post. The writ petition is disposed of as above. (C.N.RAMACHANDRAN NAIR, JUDGE) (V.K.MOHANAN, JUDGE) jg