IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 21ST DECEMBER 2009 / 30TH AGRAHAYANA 1931 DBA.No. 156 of 2009() --------------------- PETITIONER -------------------- TRAVANCORE DEVASWOM BOARD, REPRESENTED BY DEVASWOM COMMISSIONER, THIRUVANANTHAPURAM-3. BY ADV. SRI.V.KRISHNA MENON RESPONDENT: --------------- THE DEPUTY DIRECTOR FOR LOCAL FUND ACCOUNTS, TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM. BY SR.GOVT.PLEADER SRI.R.LAKSHMI NARAYAN THIS DEVASWOM BOARD APPLICATION HAVING BEEN FINALLY HEARD ON 21/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.R.RAMAN & P.R.RAMACHANDRA MENON, JJ ----------------------------- D.B.A No.156 of 2009 ------------------------------ Dated this the 21st day of December, 2009. J U D G M E N T P.R.Raman J This is an application by the Travancore Devaswom Board seeking permission to pay an amount of Rs.25 lakhs towards TA/DA to be paid to the doctors and other para medical staff deputed by the Health Department at Pamba, Sabarimala and Nilakkal who are posted on special duty. The usual practice is to pay the TA/DA to the Health Department subject to the condition that they will furnish necessary demands to the Board since the entire expenditure is subject to the audit by the local fund. The Board has taken decision to pay an amount of Rs.25 lakhs this year towards payment of TA/DA to the doctors and para medical staff to be deputed at various places in connection with the festival season. 2. The application is supported by an affidavit and the Board has already taken a decision to seek permission of this Court to pay an amount of Rs.25 lakhs as grant to the Health Department, as their contribution. D.B.A No.156 of 2009 2 3. In this connection, we notice that the Ombudsman in his report No.160/2009 in D.B.P.No.69 of 2009 has pointed out that the Government has a duty to the devotees in taking care of their health and the original claim of the Government for Rs.97 lakhs for this year will work out to Rs.1 lakh per day. It is brought to our notice by the learned standing counsel appearing for the Travancore Devaswom Board that in a judgment of this Court in DBA No.83 of 2007 wherein this Court considered a similar request for payment of sizable amount towards TA/DA in the festival season 2008, it was observed that though the State demanded Rs.40,00,000/-, the Travancore Devasowm Board had taken a decision to pay an amount of Rs.25 lakhs but it was further observed that the state has to look after the interest of the devotees and that the State may meet a portion of the expenditure to look after the devotees at Sabarimala. 4. The learned Government Pleader appearing on behalf of the State however laid emphasis on para 3 of the affidavit filed on behalf of Director of Health Services in D.B.P.No.69 of 2009 to point out that the Government is expending sizable amount for providing medicines and to maintain sophisticated equipments at various places at Sabarimala. D.B.A No.156 of 2009 3 After hearing both sides and taking into consideration the practice and precedence and averments made in the affidavit, application is allowed subject to the condition that the Health Department furnishes the details of expenditure so that the Board can present the same before the Local Fund for their audit purpose. Sd/- P.R.RAMAN (JUDGE) Sd/- P.R.RAMACHANDRA MENON (JUDGE) ab