IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 5TH MARCH 2009 / 14TH PHALGUNA 1930 WP(C).No. 9323 of 2006(I) ----------------------------------- PETITIONER(S): ---------------------- K.M.MADHUSOODANAN NAMBUDIRI, S/O. K.M.GOVINDAN NAMBUDIRI, AGED 62 YEARS, KIZHAKKEKARA MANGULAM, P.O.CHALAKODE, PAYYANNUR, KANNUR DISTRICT. BY ADV. MR.M.RAMESH CHANDER RESPONDENT(S): -------------------------- 1. COMMISSIONER, H.R. & C.E., KOZHIKODE. 2. DEPUTY COMMISSIONER, H.R. & C.E., KOZHIKODE. 3. EXECUTIVE OFFICER, SREE RAYRAMANGALAM BHAGAVATHY TEMPLE, P.O.PILICODE, (VIA) TRIKARIPUR, KASARAGOD DISTRICT. 4. P.K.SIVASANKARAN ADIYODI, TRUSTEE, SREE RAYRAMANGALAM BHAGAVATHY TEMPLE, PILICODE VAYAL, P.O.PILICODE, KASARAGOD. ADV. MR.M.GOPIKRISHNAN NAMBIAR FOR R3 GOVERNMENT PLEADER SMT.ANU SIVARAMAN FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.9323/2006 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE ORDER OF SUSPENSION DT. 15.1.02. P2:- COPY OF THE NOTICE SEND TO THE 3RD RESPONDENT DT. 6.7.04. P3:- COPY OF THE REPRESENTATION TO THE 2ND RESPONDENT. P4:- COPY OF THE RECEIPT BOOK RESPONDDENTS EXHIBITS R3(a):- COPY OF THE SCHEDULE OF ESTABLISHMENT OF TEMPLE EMPLOYEES OF SREE RAYARAMANGALAM BHAGAVATHY TEMPLE MAINTAINED BY H R & C E DEPARTMENT). TRUE COPY P.A. TO JUDGE TSS T.R.RAMACHANDRAN NAIR, J -------------------------------------------------- W.P.(C) No.9323 of 2006 --------------------------------------------------- Dated this the 5th day of March, 2009 JUDGMENT The petitioner herein was working as a Melsanthi at Pilicode Sree Rayramangalam Bhagavathy Temple. This temple comes under the purview of Hindu Religious and Charitable Endowments Act, 1951. He was appointed as Melsanthi of this temple in the year 1990. By Ext.P1, he was suspended from service pending enquiry. In the writ petition, the petitioner challenges the continued suspension from service. The main relief sought for in the writ petition is to quash Ext.P1 and for a further direction to reinstate him in service as Melsanthi. 2. Presently, it is an admitted fact that the enquiry was completed and the petitioner attained superannuation in the meanwhile. The petitioner was issued a registered letter dated 18.3.2007 directing him to contact the Executive Officer for completing steps for sanctioning pension and other retirement benefits. He was also directed to receive the subsistence allowance due. There is a dispute whether the petitioner was due to retire in the year 2006 or in 2008. According to the petitioner the date of birth is 15.6.1943 and therefore, he was wpc:9323 of 2006 2 due to retire on 14.6.2008. 3. In the counter affidavit filed by the third respondent, he has produced Ext.R3(a) which is a Schedule of Establishment of Temple Employees in the year 1.1.1995. In it the petitioner is Sl.No.1, and therein the date of birth shown is 4.7.1941. Along with the reply affidavit, the petitioner has produced Ext.P4 Receipt which is a copy of the Receipt of Malabar Temple Welfare Board maintained by the department. Therein the date of birth is shown as 15.6.1943. 4. The learned standing counsel for the third respondent submitted that if any authentic record is produced by the petitioner showing the correct date of birth, action will be taken in the matter accordingly. 5. The learned standing counsel for the third respondent submitted that the petitioner has not so far approached the Executive Officer in the matter. The learned counsel for the petitioner submitted that it is only because of the pending enquiry, the petitioner did not approach the third respondent at that point of time. It is also reported that period of suspension has already been regularised and therefore while granting pensionary benefits the same shall also be considered for wpc:9323 of 2006 3 granting due benefits. Any arrears of the subsistence allowance will also be disbursed along with other amounts. In the result, the writ petition is disposed of in the following terms: 6. The petitioner will produce necessary documents to prove his date of birth before the Executive Officer of the temple within a period of one month from today and based on the same the pensionary benefits due to the petitioner will be calculated and action will be taken to disburse the same within a further period of six weeks thereafter. T.R.RAMACHANDRAN NAIR, JUDGE bps