IN THE MATTER OF COCHIN DEVASWOM BOARD – CDB REPORT NO.25 OF 2022 IN PETITION NO.4 OF 2022 – IN THE MATTER OF ABOLITION OF POSTS UNDER COCHIN DEVASWOM BOARD BASED ON THE STAFF STRENGTH STUDY – SUO MOTU PROCEEDINGS INITIATED

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE ANIL K. NARENDRAN ``` ``` & ``` ``` THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR ``` ``` WEDNESDAY, THE 16[TH] DAY OF NOVEMBER 2022/25TH KARTHIKA, 1944 ``` ``` DBP NO.73OF 2022 ``` ``` IN THE MATTER OF COCHIN DEVASWOM BOARD – CDB REPORT NO.25 ``` ``` OF 2022 IN PETITION NO.4 OF 2022 – IN THE MATTER OF ``` ``` ABOLITION OF POSTS UNDER COCHIN DEVASWOM BOARD BASED ON THE STAFF STRENGTH STUDY – SUO MOTU PROCEEDINGS INITIATED ``` ``` - REG. ``` ``` ------------ ``` ## **`PETITIONER:`** ``` THE SECRETARY, COCHIN DEVASWOM BOARD, ROUND NORTH, THRISSUR - 680001 ``` ``` BY ADV K.P.SUDHEER, SC, COCHIN DEVASWOM BOARD ``` ## **`RESPONDENT:`** ``` THE DEPUTY DIRECTOR, LOCAL FUND AUDIT, COCHIN DEVASWOM AUDIT, THRISSUR - 680001. ``` ``` SRI P.RAMACHANDRAN- AMICUS CURIAE ; SRI S.RAJMOHAN - SR GOVERNMENT PLEADER ``` ``` THIS DEVASWOM BOARD PETITION HAVING COME UP FOR ADMISSION ON 16.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` -2- DBP No.73 of 2022 ## **ORDER** ## Anil K. Narendran, J. This DBP is registered based on CDB Report No.25 of 2022 in Petition No.4 of 2022, which is one filed by the Cochin Devaswom Board before the learned Ombudsman seeking permission to abolish the posts referred to in Annexure A2 report dated 30.11.2020 and Annexure A4 proceedings dated 11.03.2022 of the Board. Paragraphs 5 and 6 of the report of the learned Ombudsman read thus; “5. The present posts in Cochin Devaswom Board are shown in page 5 of the report Annexure A2 and page 15 of the paper book and the existing posts in the Devaswom in the various groups are also provided in the report. The posts which are proposed to be abolished are contained in pages 8, 9 and 10 of the report (pages 18 to 20 of the paper book). 22 posts are proposed to be abolished in Thrissur Group, 14 posts in Thiruvanchikulam Group, 11 posts in Thiruvilwamala Group, 6 posts in Thrippunithura Group and 11 posts in Chottanikkara Group. The details of posts which can be allowed in Devaswom is contained in pages 10 to 13 of the report (pages 20 to 23 of the paper book). The income and expenditure of the various Groups are contained in page 14 of the report (page 24 of paper book). It is stated that it is based on the financial position of the Board that the suggestion for reducing -3- DBP No.73 of 2022 the posts is recommended. The posts which are retained are contained in page 14 of the report (page 24 of the paper book). The Board, after considering the report and after considering the suggestions of the recognised Unions, passed Annexure A3 order, as per which some modifications were made to the report and Board decided to abolish the posts of Assistant Commissioner (Finance); Junior Superintendent attached to the Assistant Commissioner’s Office, Chottanikkara; Junior Superintendent at Central Depot; One post of Assistant Manager each in Chottanikkara, Thriprayar and Sree Devaswoms; and one Revenue Inspector in Thiruvilwamala Group; thus 4 posts of Assistant Manager including Revenue Inspectors, 5 Senior Clerk posts and 39 Clerk posts are sought to be abolished by Annexure A3. Annexure A4 is the Board order consequent to Annexure A3, to take a decision after obtaining permission from the Hon’ble High Court. 6. Since the Cochin Devaswom Board wants to abolish certain posts under its various Devaswoms exercising their managerial function and which is more in the nature of a policy decision, it is for the Hon’ble High Court to consider the same and pass appropriate orders.” 2. Heard the learned Standing Counsel for Cochin Devaswom Board, the learned Senior Government Pleader for the respondent Deputy Director of Local Fund Audit and also the learned Amicus Curiae for the learned Ombudsman. -4- DBP No.73 of 2022 3. The Travancore-Cochin Hindu Religious Institutions Act, 1950, was made for making provisions for the administration, supervision and control of incorporated and unincorporated Devaswoms and of other Hindu Religious Endowments and Funds. Chapter VIII of the Act deals with Cochin Devaswom Board. Section 62 of the Act deals with vesting of administration in the Board. As per sub-section (1) of Section 62, the administration of incorporated and unincorporated Devaswoms and Hindu Religious Institutions which were under the management of the Ruler of Cochin immediately prior to the first day of July, 1949 either under Section 50G of the Government of Cochin Act, XX of 1113, or under the provisions of the Cochin Hindu Religious Institutions Act, 1 of 1081, and all their properties and funds and of the estates and all institutions under the management of the Devaswom Department of Cochin, shall vest in the Cochin Devaswom Board. As per sub-section (2) of Section 62, notwithstanding the provisions contained in subsection (1), the regulation and control of all rituals and ceremonies in the temple of Sree Poornathrayeesa at Trippunittura and in the -5- DBP No.73 of 2022 Pazhayannur Bhagavathy temple at Pazhayannur shall continue to be exercised as hitherto by the Ruler of Cochin. 4. Section 68 of the Act provides for administration by the Board as a trustee. As per sub-section (1) of Section 68, subject to the provisions of the Act and of any other law for the time being in force, the Board shall be bound to administer the affairs of incorporated and unincorporated Devaswoms and institutions under its management in accordance with the objects of the trust, the established usage and customs of the institutions and to apply their funds and property for such purposes. As per sub-section (2) of Section 68, notwithstanding anything contained in sub-section (1), the Board may, out of the funds under their control, set apart such sum as they deem fit for the educational uplift, cultural advancement and economic betterment of the Hindu community, after providing adequately for the purposes of the institutions which have to be met from the said fund. 5. In **M.V. Ramasubbiar v. Manicka Narasimach-** **ara [(1979) 2 SCC 65]** , in the context of Sections 49, 51 and 52 of the Trusts Act, 1882, the Apex Court explained the -6- DBP No.73 of 2022 nature of the fiduciary position of the trustee and his duties and obligations. It is duty of the trustees of the property to be faithful to the Trust and execute any document with reasonable diligence in the manner of an ordinary prudent man of business would conduct his own affairs. A trustee could not, therefore, occasion any loss to the Trust and it is his duty to sell the property, if at all that was necessary, to best advantage. 6. Under Section 68 of the Travancore-Cochin Hindu Religious Institutions Act the Cochin Devaswom Board shall administer the affairs of incorporated and unincorporated Devaswoms and institutions under its management in accordance with the objects of the trust, the established usage and customs of the institutions and to apply their funds and property for such purposes. The position of the Board in regard to the Devaswoms - incorporated and unincorporated - is analogous to that of trustees. Any improper act of the Trustees could be questioned by a worshipper. 7. In CDB Report No.25 of 2022 the learned Ombudsman noticed that based on Annexure A2 study report -7- DBP No.73 of 2022 of an Audit Officer (Higher Grade), who retired from the Kerala State Audit Department, the Board took Annexure A3 decision dated 26.07.2021 to abolish 4 posts of Assistant Manager including Revenue Inspectors, 5 posts of Senior Clerk and 39 posts of Clerk, after obtaining permission from this Court. Thereafter, based on the decision taken by the Board in the meeting held on 09.03.2022, Annexure A4 order dated 11.03.2022 was issued in order to seek the permission of this Court to abolish the posts. 8. There are 403 ‘Keezhedam Temples’ under the management of the Board, extending over the districts of Thrissur, Ernakulam and Palakkad, which are grouped under 63 Devaswoms, which are brought under 4 groups, viz. Thrissur, Thiruvilwamala, Thiruvanchikulam and Thripunithura. There are 298 Controlled Institutions under the supervision of the Board. An office of the Assistant Commissioner is also functioning for the administration of Chottanikkara Temple. The Board manages three educational institutions, namely, Sree Kerala Varma College, Thrissur, Sree Vivekananda College, Kunnamkulam and Patasala Sanskrit High School, -8- DBP No.73 of 2022 Chittur. The Board runs an offset printing press and publishes a magazine ‘Kshetra Darshanam’. 9. The staff strength at the time of the formation of the Board was reviewed in the year 2009, based on a staff strength study report submitted on 31.01.2009. Thereafter, by Annexure A1 order dated 16.10.2020, the Board engaged an Audit Officer (Higher Grade), who retired from the Kerala State Audit Department, to conduct a study on the necessity of the present staff strength, who submitted Annexure A2 report dated 30.11.2020. On receipt of the said report, the Board had discussions with the Cochin Devaswom Board Employees Organisation, and thereafter that report was placed before the Board, in the meeting convened on 15.07.2021. Based on the decision taken in that meeting to accept the recommendations in Annexure A2, with certain modifications, Annexure A3 order dated 26.07.2021 was issued to abolish 4 posts of Assistant Manager including Revenue Inspectors, 5 posts of Senior Clerk and 39 posts of Clerk. Thereafter, based on the decision taken by the Board in the meeting held on 09.03.2022, Annexure A4 order dated -9- DBP No.73 of 2022 11.03.2022 was issued in order to seek the permission of this Court to abolish the posts. 10. Before the learned Ombudsman, on receipt of the notice in Petition No.4 of 2022, the Local Fund Audit filed its remarks, in which they did not offer any specific remarks, as the decision was taken by the Board after considering its present financial condition. In CDB Report No.25 of 2022, the learned Ombudsman has pointed out that the decision taken by the Cochin Devaswom Board to abolish posts in its establishment is more in the nature of a policy decision. In the above circumstances, this DBP is disposed of by granting permission to the Cochin Devaswom Board to abolish the posts referred to in Annexure A4 order dated 11.3.2022. Sd/- ## **ANIL K. NARENDRAN, JUDGE** Sd/- ## **P.G. AJITHKUMAR, JUDGE** AV/17/11