WP(C) NO. 32839 OF 2024 1 2025:KER:23862 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE D. K. SINGH THURSDAY, THE 20TH DAY OF MARCH 2025 / 29TH PHALGUNA, 1946 WP(C) NO. 32839 OF 2024 PETITIONER: ANURAJ. P.K AGED 47 YEARS VYSHNAVAM, THIRUVANNUR. P.O, CALICUT, PIN - 673029 BY ADV VIDHYA. A.C RESPONDENTS: 1 MALABAR DEVASWOM BOARD REPRESENTED BY ITS SECRETARY, HOUSEFED COMPLEX, ERANJIPALAM, KOZHIKODE, PIN - 673006 2 THE COMMISSIONER MALABAR DEVASWOM BOARD, KOZHIKODE, PIN - 673006 3 THE ZAMORIN RAJA OF CALICUT VALAYANAD. P.O, KOMMERI, CALICUT – 673007, PIN - 673007 4 THE EXECUTIVE OFFICER SREE THALI DEVASWOM, CHALAPPURAM P.O, KOZHIKODE, PIN - 673002 5 THE ASSISTANT COMMISSIONER MALABAR DEVASWOM BOARD, KOZHIKODE., PIN - 673006 BY ADVS. R.RANJANIE A.C.Venugopal THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 32839 OF 2024 2 2025:KER:23862 JUDGMENT The Thali Maha Shiva Temple is a listed temple under Section 38 of the Hindu Religious and Charitable Endowment Act, 1951, under which the Malabar Devaswom Board has been constituted. The Malabar Devaswom Board has supervisory control over the affairs of the temple. Among the sanctioned strength of the employees, there were 5 permanent and 1 supernumerary post of Watchman in the temple. The supernumerary post was created to accommodate one Sri.Vasudevan M.K. The said Vasudevan M.K was dismissed from service as a result of disciplinary action with effect from 01.10.2011 and therefore, one supernumerary post of Watchman, which was created to accommodate Sri.Vasudevan M.K., became non-available thereafter. 2. The petitioner was given an appointment to the post of Watchman by the trustee of the temple on 19.07.2013 against the supernumerary post, which was not existing. The managing trustee of the temple thereafter submitted a letter before the Devaswom Board on 01.08.2013 for approving the appointment of WP(C) NO. 32839 OF 2024 3 2025:KER:23862 the petitioner against the substantive post, which was not there inasmuch as all 5 substantive posts were occupied by the persons appointed on the said posts. 3. The Malabar Devaswom Board, in its meeting dated 29.04.2016, directed the Assistant Commissioner, Kozhikode, to submit a report on the appointment of the petitioner by the trustee of the temple. The Assistant Commissioner submitted a report only on 30.01.2021. 4. In the aforesaid report dated 30.01.2021 submitted by the Assistant Commissioner, it was stated that Sri.Vasudevan M.K, who was working in the supernumerary post of Watchman of Thali Devaswom was dismissed as he was unauthorizedly absent from the service. The Assistant Commissioner recommended that one more substantive post of Watchman could be approved with effect from 01.08.2013. He also recommended that the petitioner’s appointment on the said post could be approved from 01.08.2013. 5. After receiving the said report of the Assistant Commissioner, Kozhikode and recommendation of Establishment Standing Committee, the Malabar Devaswom Board in the meeting WP(C) NO. 32839 OF 2024 4 2025:KER:23862 held on 11.02.2022 decided to approve one additional substantive post of Watchman in Thali Devaswom. Thereafter, one post was created on a substantive basis vide order dated 28.02.2022, and the Commissioner directed the Assistant Commissioner to take necessary steps to include the details of appointment in the salary register on receipt of the application. 6. Thus, the Commissioner of the Malabar Devaswom Board created one additional substantive post of Watchman only with effect from 28.02.2022. 7. The trustee of the Thali Devaswom Board, in its letter dated 06.09.2022, sought approval of the Devaswom Board/ Commissioner of the Devaswom Board for giving the appointment as well as all service and financial benefits to the petitioner with effect from 01.08.2013. 8. The Commissioner, Devaswom Board, vide letter dated 04.02.2023, approved the service benefits of the petitioner from 01.08.2013, i.e. the date of appointment of the petitioner by the Managing Trustee. However, the financial benefits have been approved with effect from 28.02.2022, i.e. the date on which the WP(C) NO. 32839 OF 2024 5 2025:KER:23862 additional substantive post was created by the Malabar Devaswom Board . 9. The present Writ Petition has been filed by the petitioner seeking a writ of mandamus directing the respondent Board to approve the financial benefits with effect from 01.08.2013. 10. Since the substantive post was created only with effect from 28.02.2022, and therefore, the petitioner should be treated as substantively appointed only with effect from 28.02.2022. Therefore, I am of the view that the petitioner is not entitled for financial benefits before 28.02.2022. However, the service benefits have been given to the petitioner, and therefore, I am not making any comment on the said decision of the Commissioner of the Malabar Devaswom Board for granting service benefits to the petitioner with effect from 01.08.2013. So far as the question of financial benefits is concerned, the petitioner cannot be given financial benefits before the substantive post was created in the Devaswom Board vide order dated 28.02.2022. Thus, the petitioner has no case in law to claim financial benefits with effect WP(C) NO. 32839 OF 2024 6 2025:KER:23862 from 01.8.2013 to 28.02.2022 . Therefore, the Writ Petition to that extent is hereby dismissed. Sd/-D. K. SINGH JUDGE lsn WP(C) NO. 32839 OF 2024 7 2025:KER:23862 APPENDIX OF WP(C) 32839/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER NO. A1.4183/2012 DATED 19.07.2013 ISSUED BY THE 3RD RESPONDENT Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF HIS PASSBOOK OF MALABAR DEVASWOM BOARD EMPLOYEES AND EXECUTIVE OFFICERS WELFARE FUND Exhibit P3 TRUE COPY OF THE ORDER NO. J6/6648/2015/M.D.B (K.DIS) DATED 28.02.2022 Exhibit P4 TRUE COPY OF THE LETTER DATED 06.09.2022 SUBMITTED BY THE 3RD RESPONDENT Exhibit P5 TRUE COPY OF ORDER NO. J6/5191/2021/M.D.B (K.DIS) DATED 04.02.2023 BY THE 2ND RESPONDENT Exhibit P6 TRUE COPY OF THE ORDER NO. A3/2731/2023/MDB (K.DIS) OF 5TH RESPONDENT DATED 14.11.2023 Exhibit P7 TRUE COPY OF THE ORDER NO. J6-5184/2023/MDB (K.DIS) DATED 11.07.2024 ISSUED BY 2ND RESPONDENT Exhibit P8 TRUE COPY OF THE JUDGMENT OF THIS HON’BLE COURT IN WP(C) NO. 24992/2015 DATED 21.08.2015 RESPONDENT ANNEXURES Annexure R-1(1) The true copy of the application application as A4.3410/2021 dated 16.10.2021 filed by the trustee Annexure R-1(2) The true copy of the decision dated 11.2.2022 of the 1st respondent Board Annexure R-1(3) The true copy of the decision dated 21.12.2022 of the 1st respondent Board WP(C) NO. 32839 OF 2024 8 2025:KER:23862 PETITIONER EXHIBITS English translation of Exhibits English translation of Exhibit P1 English translation of Exhibits English translation of Exhibit P2 English translation of Exhibits English translation of Exhibit P3 English Translation of Exhibits English translation of Exhibit P4 English Translation of Exhibits English translation of Exhibit P5 English Translation of Exhibits English translation of Exhibit P6 English Translation of Exhibits English translation of Exhibit P7