IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 3RD AUGUST 2011 / 12TH SRAVANA 1933 WP(C).No. 21072 of 2011(H) --------------------------------------- PETITIONER(S): ---------------------- KAMMADAN BABU, S/O. SIVANANDAN, AGED 46, RESIDING AT KAMMADAN VEEDU, VAYANATTUPADOM, P.O. KALLAYI, KANNANCHERRY, KOZHIKODE-673 003 AND WORKING AS KOMARAM AT KANNANCHERRY SREE MAHA GANAPATHI KSHETHRAM (MALABAR DEVASWOM BOARD, POST KALLAYI, KOZHIKODE.) BY ADV. SRI.P.V.KUNHIKRISHNAN, SRI.HANSON.P.MATHEW. RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, REVENUE (DEVASWOM) DEPARTMENT, GOVERNMENT OF KERALA, TRIVANDRUM-695 001. 2. EXECUTIVE OFFICER, SREE KANNANCHERRY DEVASWOM, P.O. KALLAYI, KOZHIKODE-673 003. 3. ASSISTANT COMMISSIONER, OFFICE OF THE ASSISTANT COMMISSIONER, MALABAR DEVASWOM BOARD, KOZHIKODE-673 020. 4. COMMISSIONER, MALABAR DEVASWOM BOARD, OFFICE OF THE COMMISSIONER OF MALABAR DEVASWOM BOARD, KOZHIKODE-673 020. R1 BY GOVT. PLEADER SMT.SMITHA SUKUMAR. R2 TO R4 BY ADV. MR.MOHANA KANNAN, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 21072 of 2011(H) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER NO.A3-1727/2007 DATED 25/10/2007 OF THE 3RD RESPONDENT. EXT.P2: COPY OF THE ORDER NO.FRF 2/5180/2006 (K.DIS.) DATED 05/03/2007 BY THE COMMISSIONER, MALABAR DEVASWOM BOARD, KOZHIKODE. EXT.P3: COPY OF THE ORDER NO.A3 3925/10/MDB DATED 31/01/2011 OF THE 3RD RESPONDENT. EXT.P4: COPY OF THE REVISION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 12/06/2011. EXT.P5: COPY OF THE ACKNOWLEDGMENT CARD DATED 18/06/2011. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE rs C.T.RAVIKUMAR, J. ---------------------------- W.P.(C)No.21072 of 2011 ---------------------------- Dated 3rd August, 2011 JUDGMENT Exts.P1 and P2 would reveal that the petitioner was appointed as Komaram under the 4th respondent at Kannancherry Sree Maha Ganapathi Kshethram. The contention of the petitioner is that since Exts.P1 and P2 would reveal that he was appointed in the scale of pay of Rs.805-1220/- which is the scale of pay attached to the post of Kazhakam he is entitled to get all the benefits pursuant to the revision of the said scale of pay. Therefore, the question is whether being a person appointed as Komaram he can claim all the benefits pursuant to the revision of the scale of pay attached to the post of Kazhakam merely on the strength of Exts.P1 and P2. Raising the said claim he had approached the 3rd respondent and the 3rd respondent has passed Ext.P3 order rejecting the said claim of the petitioner. Feeling aggrieved by Ext.P3 the petitioner has preferred Ext.P4 revision petition under section 99 of the Madras Hindu Religion and Charitable Endovement Act. The said revision petition is still pending consideration before the first respondent. In view of the said position obtained in this case, without making any observation as to the merits of the contentions raised by the petitioner in this writ petition and also in WP(C).No.21072/2011 2 Ext.P4 this writ petition is disposed of with a direction to the first respondent to consider and pass orders on Ext.P4 expeditiously, at any rate, within a period of three months from the date of receipt of a copy of this judgment, with notice to the petitioner and also respondents 3 and 4. Sd/- C.T.RAVIKUMAR Judge TKS