IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 25TH MARCH 2010 / 4TH CHAITHRA 1932 DBAR.No. 6 of 2009() -------------------- (IN THE MATTER OF TRAVANCORE DEVASWOM BOARD – SPECIAL REPORT REGARDING THE VERIFICATION OF SERVICE BOOK AND PENSION RECORDS OF SRI.S.PREMACHANDRAN NAIR, SERGEANT - GRANTING OF UNDUE BENEFITS AND ERRONEOUS FIXATION OF PAY NOTICED - FILE NO.ROC NO.2669/09/PEN/ESTT.II) PETITIONER (S) -------------------- DEPUTY DIRECTOR LOCAL FUND AUDIT. BY GOVERNMENT PLEADER SRI.R.LAKSHMI NARAYAN. RESPONDENT(S): ---------------------- SECRETARY, TRAVANCORE DEVASWOM BOARD. BY ADV. SRI.P.G.PARAMESWARA PANICKER, SENIOR ADVOCATE BY ADV. SRI.P.GOPAL BY ADV. SRI.NAGARAJ NARAYANAN, SC, TDB BY ADV. SRI.KRISHNAKUMAR MANGOT- AMICUS CURIAE FOR OMBUDSMAN. THIS DEVASWOM BOARD AUDIT REPORT HAVING BEEN FINALLY HEARD ON 25/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.R.RAMAN & C.N.RAMACHANDRAN NAIR, JJ. ------------------------------- D.B.A.R.No. 6 of 2009 ------------------------------- Dated this the 25th day of March, 2010 O R D E R Raman, J. The matter was referred to Ombudsman by order dated 8.10.2009. Ombudsman has filed a report. Paragraphs 8 and 9 of the report of the Ombudsman reads as follows:- “8. After going through the audit objection and the reply it appears that the question involved is not whether the Devaswom Board has got the discretion to adopt the service rules as such or not. But whether the Devaswom Board has got the discretion to adopt different pay scales to different employees when a pay scale to a particular post is fixed under the rules. It seems that such discretion would result in promoting favouritism and partiality among the employees of the Board. As the Board is constituted under the Travancore-Cochin Religious and Charitable Endowment Act and is expected to comply with Articles 14 and 16 of the Constitution of India such discretionary exercise of power may not pass the test of these Articles. If it is so, the objection of the audit appears to be well founded. D.B.A.R.No.6 of 2009 2 9. Notice of hearing of the complaint and the audit report was given to Shri.Premachandran Nair for today and he has appeared in person. He has stated that he had done very arduous work while acting as Sergeant and his performance was very much appreciated by the Devaswom Board and special consideration was given to him. He also stated that similar consideration was given to an earlier Sergeant Shri.Madhusoodanan Nair on similar conditions which was not shown to the audit at that time and special pay scale was given to Finance Officer Shri.Vijayamohan. Whether the excess amount paid to Shri.Premachandran Nair can be allowed as special pay or whether the balance amount has to be recovered from him is to be considered by the Hon'ble High Court, especially when it was the Board which decided to violate the rules though it was at his instance.” 2. Considering the nature of the work entrusted with the incumbent referred to in paragraph 9 and taking note of the implied suggestion contained in the report, we think it appropriate to treat the excess amount as special pay. D.B.A.R.No.6 of 2009 3 However, it shall not form a precedent and the Devaswom Board shall obtain prior sanction before any such arrangement is made. D.B.A.R. is accordingly closed. P.R.RAMAN, JUDGE. C.N.RAMACHANDRAN NAIR, JUDGE nj.