IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 23RD NOVEMBER 2011 / 2ND AGRAHAYANA 1933 WP(C).No. 26758 of 2011(T) ---------------------------------------- PETITIONER(S): ------------------------- KRISHNARU SANKARARU, S/O. KRISHNARARU, AGED 57 YEARS, KARAYMA SANTHI (RETIRED), AVANEEPURAM DEVASWOM, THIRUVARATTUKAVU SUB GROUP, TRAVANCORE DEVASWOM BOARD, RESIDING VARANAM KOTTILLAM, KUNNUVARAM, ATTINGAL. BY ADVS. SRI.R.S.KALKURA SRI.M.S.KALESH SRI.HARISH GOPINATH SRI.V.VINAY MENON RESPONDENT(S): ---------------------------- 1. TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, NANTHANCODE, THIRUVANANTHAPURAM-PIN- 695 001. 2. DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM – PIN-695 001. 3. ASSISTANT DEVASWOM COMMISSIONER, GENERAL ADMINISTRATION, TRAVANCORE DEVASWOM BOARD, TRIVANDRUM -PIN- 695 001. 4. DEPUTY DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, TRIVANDRUM – PIN-695 001. 5. ASSISTANT DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, VARKALA.PIN-695 141 R1 TO R5 BY ADV. SRI.G.BIJU,SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.26758/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE ORDER BEARING NO.C9666/07/MISC. DATED 10/7/2007 ISSUED BY THE THIRD RESPONDENT. P2 COPY OF THE ORDER DATED 27/7/2009 BEARING NO.15491/07/S ISSUED BY THE DEVASWOM COMMISSIONER. P3 COPY OF THE ORDER DATED 16/1/2010 BEARING NO.15491/08/S ISSUED BY THE THIRD RESPONDENTTO THE ASSISTANT DEVASWOM COMMISSIONER, VARKALA. P4 COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER. P5 COPY OF THE COMMUNICATION DATED 17/5/2011 ISSUED BY THE 4TH RESPONDENT TO THE ASSISTANT DEVASWOM COMMISSIONER VARKALA (5TH RESPONDENT) RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts K.SURENDRA MOHAN, J --------------------------------------------- W.P.(c)No.26758 of 2011 --------------------------------------------- Dated this the 23rd day of November 2011 JUDGMENT The petitioner was the Melsanthi of Attingal Sreepadam Devaswom belonging to the Attingal Varanam Kottillam. The first respondent took over the administration and management of the Devaswom and permitted the petitioner to continue as Melsanthi. He retired from service on 30.10.2009 on attaining the age of superannuation. According to the petitioner, the Devaswom Board had implemented the pay revision for its employees from time to time. The petitioner was also given the benefit of such pay revisions. The complaint of the petitioner is that he has not been given the benefits of the pay revision from the year 2004 onwards, though such pay revisions were implemented. The reason for not granting him the said benefit was that there was an objection against his appointment. Though the petitioner has retired from service, he complains that the benefits of WPC No.26758 of 2011 2 the pay revision have not been given to him, till date. He also claims that he is entitled to revised pensionary benefits on the basis of such pay revision. 2. The standing counsel for the Travancore Devaswom Board submits that the order sanctioning the benefits of the pay revision to the petitioner was issued only in 2011, as evidenced by Ext.P5. Immediately thereafter, the entire amount due to the petitioner by way of the pay revision has been disbursed to him by cheque. 3. The counsel for the petitioner, on the other hand, points out that the petitioner was entitled to the benefits of the pay revision from 2004 onwards. The denial of his service benefits for as long as seven years merits the award of interest for the delay in making the payment. The counsel for the Devaswom Board, on the other hand, counters by pointing out that Ext.P5 is dated 17.5.2011 and the payment due to the petitioner has already been made, without even waiting for any orders from this Court. 4. Since the petitioner has already been paid the amounts claimed by him, I am not entering into the WPC No.26758 of 2011 3 sustainability of the claim for interest claimed on behalf of the petitioner. The petitioner can resort to the civil remedies available to him, if he wants to press his claim for realisation of interest for the delay, if any in payment of the amounts due to him. 5. This writ petition is therefore disposed of recording the statement of the counsel for the Travancore Devaswom Board that an amount of Rs.92,260/- has been paid to the petitioner by cheque dated 31.10.2010, being the arrears of pay due to him consequent to the pay revision. Sd/- K.SURENDRA MOHAN, JUDGE true copy P.S.TO JUDGE css/