O.M.C NEELAKANTAN NAMBOODIRIPPAD Vs. MALABAR DEVASWOM BOARD

JUDGEMENT

(1.) This is a petition filed under Article 226 of the Constitution, seeking to issue a writ of certiorari or other appropriate writ, direction or order quashing the Ext.P2 letter/order, issue a writ of mandamus or other appropriate writ, direction or order directing the 2 nd respondent to consider the Ext.P3 application and hear the Ext.P1 appeal afresh within a definite time frame.

(2.) Petitioner is the hereditary trustee of Olappamanna mana group devaswom, which has 32 temples spread over four taluks of Palakkad District. The temples are classified as 'B', 'C' and 'D' grades. There was a scheme adopted by the H R & C Department on 22.02.1957 treating all the temples under the Olappamanna mana group as a single unit. The scheme was modified by the Malabar Devaswom Board, hereinafter referred to as 'the Board', as a separate unit. According to the petitioner, arrears of pay to all employees of C and D grades temples were allowed only upto December 2010. But the 3 rd respondent, the Assistant Commissioner of the Board declined arrears of pay to such employees from January 2011 to December 2015. It is an illegality. Those employees are entitled to get arrears of salary of the above stated period, spanning over five years. Petitioner then filed an appeal before the 2 nd respondent, Deputy Commissioner on 06.09.2018. The appeal was posted for consideration on 26.10.2018, after issuing notice to the respondent. But, without hearing the petitioner or his counsel, the 2 nd respondent dismissed the appeal by Ext.P2 order dated 03.10.2018. Knowing about the dismissal, his counsel submitted the Ext.P3 application on 26.10.2018 to reconsider/review the decision. The grievance of the petitioner is that even after lapse of nearly two years, the application is not being taken up for hearing, the delay is violative of his legal, fundamental and Constitutional rights. That prompted him to move this Court seeking the reliefs mentioned above.

(3.) We heard the learned counsel for the petitioner and also the learned Standing Counsel for the Malabar Devaswom Board, representing respondents 1 to 3.