IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 26TH MAY 2008 / 5TH JYAISHTA 1930 OP.No. 21011 of 2000(B) ----------------------------------------- PETITIONERS: -------------------- 1. THE KERALA KARANMA TEMPLE EMPLOYEES UNION (INDEPENDENT) THRICHATTUKULAM P.O., ALAPPUZHA DISTRICT, REPRESENTED BY ITS PRESIDENT K.K.PISHARADI. 2. S.JAYACHANDRAN, KSHETHRA SAMBANDHI KARANMA, KANDIYOOR MAHADEVA TEMPLE, KANDIYOOR, MAVELIKARA. BY ADV. SRI.R.RAJASEKHARAN PILLAI SMT.JAYASREE MANOJ RESPONDENTS: ----------------------- 1. THE TRAVANCORE DEVASWOM BOARD REPRESENTED BY ITS SECRETARY, DEVASWOM BOARD BUILDING, NANDANCODE P.O. 2. THE COMMISSIONER, TRAVANCORE DEVASWOM BOARD. BY STANDING COUNSEL SRI.D.SREEKUMAR. ADV. SRI.P.G.PARAMESWARA PANICKER (SR.) FOR R1 SRI.P.GOPAL FOR R1 SRI.C.VIJAYAN, SC, TDB THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 26/05/2008, ALONG WITH OP NO. 21214 OF 2000 OP NO. 22610 OF 2000 OP NO. 23224 OF 2000 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & T.R.RAMACHANDRAN NAIR, J. ------------------------------------------------------------------ O.P.Nos.21011 of 2000-B, 23224 of 2000-M 22610 of 2000-N & 21214 of 2000-A ------------------------------------------------------- Dated, this the 26th day of May, 2008 JUDGMENT H.L.Dattu, C.J. Since the grievance in all these original petitions pleaded by the petitioners is common, these petitions are clubbed, heard and disposed of by this common order. 2. The petitioners in these original petitions are Karaima employees. They have approached the Travancome Devaswom Board with a request to revise their pay scales as has been done in the case of the other employees. The Travancore Devaswom Board had passed order rejecting the request of the petitioners. Aggrieved by the order so passed by the Travancore Devaswom Board, the petitioners are before us for the following reliefs: They are: “i). Issue a writ of certiorari or other appropriate writ order or Direction calling for the records leading to Exhibit P3 and quash the same to the extent that it restricts the DA payable to the Karaima employees to Rs.50/- as arbitrary, illegal and opposed to the spirit and mandate of Ext.P1 and unconstitutional. ii). Issue a writ of mandamus or other appropriate writ order or direction directing the respondents to grant the benefit of Exts.P1 and P2 forthwith and release the arrears of DA.” O.P.Nos.21011/ 2000, 23224/2000 22610/2000 & 21214/2000 -2- 3. During the pendency of these original petitions, the Travancore Devaswom Board has issued pay revision order dated 17-5-2006 . In so afar as the Karaima employees are concerned, the order states as under: “1). They are eligible for Dearness Allowance in the revised scale 3400-90-4300 at the rate regulated by the Board from 01-07-2004 and shall continue to get Dearness Allowance as allowed to other employees when Government is revising dearness allowance periodically and being accepted by Board. 2). They are eligible to get HRA at the rate of Rs.150 pm. 3). Such employees of temples located in Thiruvananthapuram City are also eligible for City Compensatory Allowances at the rate of Rs.30 pm. Those in the scale of part time employees will draw at Rs.12 pm as CCA. 4). Eligibility of HRA & CCA in the revised scale be made effective from 01-03- 2006. 5). Consequent on the fitment of these officials in a scale revised from 01-07- 2004, they are liable for subscription to P.F.Account as per rules in vogue on completion of one year service in their present scale post, treating this scale as “entry grade” in lieu of 4300-5930 for awarding grade pay. 6). Period of service rendered in the scale 3400-4300 shall be reckoned for time bound higher grade promotions. XXVII KARANMA EMPLOYEES: 1). Full time Karanma Employees drawing pay and allowances in the scale of pay of Rs.1850-40-2600 including those given a higher start (Rs.1890) are placed in the revised scale of pay of Rs.3400-90-4300 with effect from 01-07-2004. 2). Part time Karanma employees shall be placed in the revised rate of Rs.2100+5% DA pm as accorded from 01-07-2004. O.P.Nos.21011/ 2000, 23224/2000 22610/2000 & 21214/2000 -3- 3). Those categories of employees in para 1 above will be eligible for the following rates of Dearness Allowance from dates mentioned below: 01-07-2004 5% of Basic Pay. 4). They shall continue to get dearness allowances as being allowed to all other employees when revision of DA is being accorded by Government and as adopted by Travancore Devaswom Board. 5). They are not eligible for annual increments and higher rate of pay on the basis of length of service till their service conditions are finalised by Travancore Devaswom Board. 6). Since they are not given pension and are not subscribing to Provident Fund, the arrears of pay and allowances consequent on fixation of pay from 01-04-2005 to 28-02-2006 will be paid in cash in three equated installments beginning from May, August and November 2006. 7). They are eligible to draw arrears of pay and allowances from 01-04-2005 as in the case of Devaswom Board Employees. 8). They are also eligible to get HRA and CCA as regulated for Temple Employees.” 4. Since the petitioners have received some reliefs at the hands of the Travancore Devaswom Board, we are of the opinion that, for the present, we need not have to go into the merits or demerits of the petitioners' case. Accordingly, we pass the following: Order 5. In view of the pay revision order passed by the Travancore Devaswom Board dated 17-5-2006, these original petitions are disposed of as O.P.Nos.21011/ 2000, 23224/2000 22610/2000 & 21214/2000 -4- having become unnecessary. However, we reserve liberty to the petitioners to approach the Travancore Devaswom Board, if they have some more grievances with regard to the cut off date from which revision of pay scales are effected to them. It is needless to say, if such a request is made, the Travancore Devaswom Board would consider the same sympathetically. 6. In view of the order passed in the original petitions, all pending interim applications are dismissed. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (T.R.RAMACHANDRAN NAIR) JUDGE MS