IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 17TH NOVEMBER 2011 / 26TH KARTHIKA 1933 WP(C).No. 26762 of 2008(J) ------------------------------------ PETITIONER(S): ---------------------- MURUKAN.T.P, S/O.P.N.KUNCHU ACHAN, "RAMANIVAS", TARUR.P.O, ALATHUR TALUK, PALAKKAD DISTRICT. BY ADVS. SRI.BINOY VASUDEVAN SMT.P.G.BABITHA RESPONDENT(S): ------------------------ 1. THE COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS, CIVIL STATION, KOZHIKODE. 2. THE MALABAR TEMPLE EMPLOYEES AND EXECUTIVE OFFICER'S WELFARE FUND BOARD-REPRESENTED BY ITS SECRETARY, HINDU RELIGIOUS & CHARITABLE ENDOWMENTS DEPARTMENT, CIVIL STATION, KOZHIKODE. 3. THE ASSISTANT COMMISSIONER, HINDU RELIGIOUS & CHARITABLE ENDOWMENTS, PALAKKAD. 4. PARAKKAT BHAGAWATHY DEVASWOM,KAVASSERY, PALAKKAD,(REP; BY CHAIRMAN). R1 BY ADV. SMT.R.RANJINI, S C R4 BY ADVS. SRI. SAJAN VARGHEESE.K SRI. LIJU.M.P GOVT. PLEADER ADV. SRI. JOSE ADIYODY THIS WRIT PETITION (CIVIL) HAVING BEEN COME UP FOR ADMISSION ON 17/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DG WP(C).No. 26762 of 2008(J) APPENDIX PETITIONERS EXHIBITS: P1 - COPY OF THE SCHEME OF THE MANAGEMENT OF THE TEMPLE DATED 24.12.1929 FRAMED BY THE DISTRICT JUDGE, SOUTH MALABAR IN O.S NO.5 OF 1929. P2 - COPY OF THE PROCEEDINGS DATED 26.08.1971 ISSUED BY THE PARAKKKAT DEVASWOM TO THE DY. COMMISSIONER, HR & CE, CALICUT. P3 - COPY OF THE RELEVANT PAGE OF THE PASS BOOK ISSUED BY THE 2ND RESPONDENT DATED 29.09.1995. P4 - COPY OF THE ORDER NO. HR 14-7249/2001/K.DIS. DATED 21.03.2002 ISSUED BY THE 1ST RESPONDENT. P5 - COPY OF THE ORDER NO.A4 – 1390/06/K.DIS.A2/195/2006 DATED 20.01.2006 ISSUED BY THE 1ST RESPONDENT. P6 - COPY OF THE ORDER NO.A4-1390/06/K.DIS DATED 25.09.2006 ISSUED BY THE SPECIAL OFFICER IN-CHARGE OF DEPUTY COMMISSIONER, HR & CE. P7 - COPY OF THE PROCEEDINGS NO.A6 – 3691/2007 DATED 27.07.2007 ISSUED BY THE 3RD RESPONDENT. P8 - COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT ON 30.07.2007. P9 - COPY OF THE ORDER NO.M.3961/2007 DATED 20.11.2007 ISSUED BY THE 1ST RESPONDENT. P10 - COPY OF THE PROCEEDINGS DATED 28.11.2007 ISSUED BY THE PARAKKAT SREE BHAGAWATHI DEVASWOM. P11- COPY OF THE APPLICATIONS DATED 19.12.2007 SUBMITTED BY THE PETITIONER WITH POSTAL ACKNOWLEDGEMENT RECEIPT. P12 - COPY OF THE REPRESENTATION DATED 29.12.2007 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. P13 - COPY OF THE COMMUNUCATION NO.WF 1. 1971/07 DATED 13.02.2008 RECEIVED BY THE PETITIONER FROM THE 2ND RESPONDENT. P14 - COPY OF THE ORDER DATED 27.10.2007 ISSUED BY THE 1ST RESPONDENT. P15 - COPY OF THE PROCEEDINGS DATED 22.07.2008 ISSUED BY THE 2ND RESPONDENT BEARING NO.WF.1/1971/06. RESPONDENT'S EXHIBITS - NIL TRUE COPY P.A TO JUDGE DG K.SURENDRA MOHAN, J = = = = = = = = = = = = = WP(C).No.26762 of 2008-J. = = = = = = = = = = = = = Dated this the 17th November, 2011. J U D G M E N T The petitioner who retired as the Manager in Parakkad Devaswom, Kavasserry in Palakkad district, has filed this writ petition complaining that he has not been paid his pension and other retirement benefits. According to the petitioner, he was appointed as a Manager by Ext.P2 order dated 26.8.1971. As per Ext.P3, he was admitted by the second respondent Board as a member of the welfare fund for employees and informed that his date of retirement was 14.5.2010. Therefore, he continued in service till then. 2. According to Smt.Renjini, Standing Counsel for the Board, the petitioner had to retire from service on attaining the age of 60 years. However, he continued in service with the connivance of temple authorities WP(C).No.26762/2008-J. 2 suppressing the fact that he had actually completed 60 years. Consequently, the Board has given salary to the petitioner for a period of two years and seven months more, which he was not entitled to receive. Therefore, the Board has taken a stand that the petitioner is not entitled to claim his pension and other retirement benefits. 3. The counsel for the fourth respondent on the other hand submits that the Board had been duly informed of the age of the petitioner. The Board having paid the salary to the petitioner cannot now turn around and say that they had not been informed the age of the petitioner. 4. The petitioner had submitted a representation to the Board seeking sanction of his pension, gratuity and other retirement benefits. The said request has been rejected by Ext.P15 proceedings. According to the WP(C).No.26762/2008-J. 3 petitioner, Ext.P15 had been issued without issuing a notice to or hearing the petitioner. Therefore, Ext.P15 is vitiated by violation of the principles of natural justice and is liable to be set aside. Though a counter-affidavit has been filed in the writ petition, the same is silent regarding the specific allegation of the petitioner that he was not heard before Ext.P15 was issued. I also notice that Ext.P15 does not contain any reasons for the decision to reject the claim of the petitioner. Therefore, Ext.P15 is ex-facie illegal and unsustainable. The same is therefore quashed. The second respondent shall take a fresh decision on the request of the petitioner after affording an opportunity of being heard to the petitioner. 5. This writ petition is accordingly ordered as follows: (i) Ext.P15 is set aside. (ii) The first respondent is directed to consider the claim of the petitioner WP(C).No.26762/2008-J. 4 for pension, gratuity and other retirement benefits in accordance with law and to pass appropriate orders in the matter, as expeditiously as possible and at any rate within a period of one month from the date of receipt of a copy of this judgment, after hearing the petitioner also. This writ petition is allowed as above. K.SURENDRA MOHAN, (Judge) Kvs/-