IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 23RD FEBRUARY 2011 / 4TH PHALGUNA 1932 DBAR.No. 12 of 2010() --------------------- (IN THE MATTER OF TRAVANCORE DEVASWOM BOARD AUDIT - PRE- VERIFICATION OF SERVICE BOOKS AND PENSION RECORDS OF ESTABLISHMENT EMPLOYEES OF TRAVANCORE DEVASWOM BOARD- FORMATION OF SPECIAL PENSION CELL BY TRAVACORE DEASWOM BOARD - SPECIAL REPORT FILED). -------------------- PETITIONER/APPELLANT --------------------------------------- DEPUTY DIRECTOR, LOCAL FUD AUDIT, TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.LAKSHMI NARAYAN RESPONDENT/RESPONDENT ----------------------------------------------- SECRETARY, TRAVANCORE DEVASWOM BOARD THIRUVANANTHAPURAM. BY ADV. SRI.NAGRAJ NARAYAN, SC, TDB. THIS DEVASWOM BOARD AUDIT REPORT HAVING BEEN FINALLY HEARD ON 23/02/2011, ALONG WITH DBP NO.14/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 23RD FEBRUARY 2011 / 4TH PHALGUNA 1932 DBP.No. 14 of 2011() --------------------- (IN THE MATTER OF TRAVANCORE DEVASWOM BOARD AUDIT - PRE- VERIFICATION OF SERVICE BOOKS AND PENSION RECORDS OF EMPLOYEES OF THE BOARD - REPORT NO.5/2011 SUBMITTED BY THE OMBUDSMAN - SUO - MOTU PROCEEDINGS INITIATED - REG: -------------------- COMPLAINANTS: -------------------------- 1. SRI.K.K.MOHANAN NAIR, NISHA NIVAS, KARIPPADAM P.O., VARIKKAMKUNNU. 2. SHRI.RAJAN NAIR, RETHEESH BHAVANAM (PANATTU VADAKKETHIL), PANAKKADU P.O., EDAPPANAYAM, SOORANAD P.O., KOLLAM. RESPONDENTS ----------------------- 1. TRAVANCORE DEVASWOM BOARD REPRESENTED BY ITS SECRETARY. THIRUVANANTHAPURAM. 2. THE DEBASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, NANTHENCODE, THIRUVANANTHAPURAM. 3. JOINT DIRECTOR, LOCAL FUND AUDIT, TRANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM. BY ADV. SRI.NAGRAJ NARAYAN, SC, TDB. BY GOVERNMENT PLEADER SRI.AKSHMI NARAYAN BY ADV. SRI.KRISHNAKUMAR MANGOT - AMICUS CURIAE, - OMBUDSMAN THIS DEVASWOM BOARD AUDIT REPORT HAVING BEEN FINALLY HEARD ON 23/02/2011 ALONG WITH DBAR NO.12, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK THOTTATHIL B.RADHAKRISHNAN & S.S.SATHEESACHANDRAN, JJ. ----------------------------------- DBAR.No.12 OF 2010 & DBP.No.14 of 2011 ------------------------------------ Dated this the 23rd day of February, 2011 JUDGMENT Thottathil B.Radhakrishnan,J. We have heard learned counsel for the Devaswom Board Sri.P.G.Parameswara Panicker, Sri.Nagaraj Narayanan and learned senior Government Pleader Sri.Lakshmi Narayan on behalf of the Legal Fund Audit. There appears to be some confusion on the basis of earlier orders. The question is as to whether the Local Fund Audit should run the responsibility of processing the pension papers, service books etc. of the temple employees and the establishment employees of the TDB. In our view, such files relating to the establishment employees of the TDB have to be dealt with in terms of the existing practice. This means that the pension papers and connected materials, including service DBAR.12/10 & DBP.14/11 2 books of the establishment employees alone need be considered by the Local Fund Audit for sanctioning of pension. The pension papers of the temple employees will be considered by the pension cell of TDB. This would be sufficient because the activities of the pension cell would itself be subject to audit at a later point of time by the Local Fund Audit. We, therefore, direct that the pension papers of the temple employees will be handled by the pension cell of TDB and the pension papers of the establishment staff of TDB will be dealt with by the Local Fund Audit. The order dated 1.7.2010 in D.B.A.R.No.8/10 will stand clarified accordingly. It is complained of by the petitioner in DBAR.12/10, the Local Fund Audit, that sufficient staff are not deployed by the TDB to the High Court Audit Section. The Board will consider this objection and issue appropriate decision enhancing the staff strength in that regard, if not already done. The Devaswom Board pension cell will take immediate steps to DBAR.12/10 & DBP.14/11 3 clear the pending files regarding retired temple employees at the earliest. Both the applications are ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- S.S.SATHEESACHANDRAN, Judge. kkb.24/2.