Mayadevi K.S. v. State of Kerala and Guruvayur Devaswom Managing Committee and others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN** **WEDNESDAY, THE 16[TH] DAY OF NOVEMBER 2022 / 25TH KARTHIKA, 1944** ## **WP(C) NO.21355 OF 2021** ## **- PETITIONERS :** 1 MAYADEVI K.S., ASSISTANT MANAGER/ADMINISTRATIVE ASSISTANT, GURUVAYUR DEVASWOM ENGLISH MEDIUM SCHOOL, GURUVAYUR, THRISSUR-680 101 2 M. RADHA, ASSISTANT MANAGER, GURUVAYUR DEVASWOM MEDICAL CENTRE, GURUVAYUR, THRISSUR-680 101. 3 BINDHU LETHA MENON, ASSISTANT MANAGER, KOUSTHUBHAM REST HOUSE, GURUVAYUR, THRISSUR-680 101 BY ADVS. K.JAJU BABU (SR.) M.U.VIJAYALAKSHMI BRIJESH MOHAN ## **- RESPONDENTS :** 1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, REVENUE (DEVASWOM) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2 GURUVAYUR DEVASWOM MANAGING COMMITTEE, GURUVAYUR, THRISSUR-680 101 REPRESENTED BY ITS ADMINISTRATOR. 3 THE ADMINISTRATOR, GURUVAYUR DEVASWOM MANAGING COMMITTEE, GURUVAYUR, THRISSUR-680 101 4 KERALA DEVASWOM RECRUITMENT BOARD TRAVANCORE DEVASWOM BOARD BUILDING, THIRUVANANTHAPURAM-695 001, REPRESENTED BY ITS SECRETARY. 5 DEPARTMENTAL PROMOTION COMMITTEE (DPC) FOR PROMOTION TO THE CADRE OF DEPUTY ADMINISTRATOR WP(C) NO.21355 OF 2021 -: 2 :- AND MANAGER IN GURUVAYUR DEVASWOM, REPRESENTED BY ITS CONVENER AND CHAIRMAN, GURUVAYUR DEVASWOM, GURUVAYUR, THRISSUR-680 101. 6 SRI.PRAMOD KALARIKKAL, ASSISTANT MANAGER (TEMPLE ACCOUNTS), GURUVAYUR DEVASWOM, GURUVAYUR, THRISSUR-680 101 7 SRI.K.T.HARIDASAN, ASSISTANT MANAGER (TEMPLE), GURUVAYUR DEVASWOM, GURUVAYUR, THRISSUR-680 101 8 SRI.PRAVEEN T KUMAR, ASSISTANT MANAGER (TEMPLE), GURUVAYUR DEVASWOM, GURUVAYUR, THRISSUR-680 101 9 SRI.K BINU, ASSISTANT MANAGER (ACCOUNTS), GURUVAYUR DEVASWOM, GURUVAYUR, THRISSUR-680 101 10 SMT.P. RATHI, ASSISTANT MANAGER (MARAMATH), GURUVAYUR DEVASWOM, GURUVAYUR, THRISSUR-680 101 11 SRI.V.C.SUNIL KUMAR, ASSISTANT MANAGER (LIVESTOCK), GURUVAYUR DEVASWOM, GURUVAYUR, THRISSUR-680 101 12 SMT.T.BREEJA KUMARI (RETIRED ON 30.9.2021), D/O.P.SREEDHARAN NAIR, ADMINISTRATOR, GURUVAYUR DEVASWOM MANAGING COMMITTEE, GURUVAYUR DEVASWOM, THRISSUR-680 101, RESIDING AT PULLAMKUZHI HOUSE, CHOWANNUR, THRISSUR-680 517. BY SRI.T.K.VIPINDAS BY SRI.V.V.NANDAGOPAL NAMBIAR BY SRI.M.RAJEEV, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.21355 OF 2021 -: 3 :- ## JUDGMENT ## Dated this the 16th day of November, 2022 This writ petition is filed seeking the following reliefs :- - “(i) Declare that the provisions of the Kerala Devaswom Recruitment Board Act 2015 and the Kerala Devaswom Recruitment Board Rules 2015 made thereunder are not applicable to the appointments and promotions of officers and employees of the Guruvayur Devaswom governed by Section 19 of the Guruvayur Devaswom Act 1978 and the Guruvayur Devaswom Employees Regulations 1983 evidenced by Ext.P1. - (ii) issue a writ of certiorari or any other appropriate writ, order or direction, calling for the records leading to Ext.P23, P24 and P25 and quash the same. - (iii) issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents 2 and 3 to promote the petitioners as Manager in accordance with Regulation 16 of the Guruvayur Devaswom Employees Regulations 1983 as per Ext.P1 forthwith. - (iv) issue a writ of certiorari or any other appropriate writ, order or direction, calling for Ext.P6 and quash the same to the extent respondents 6 to 11 are selected for promotion to the post of Manager in supersession to the petitioners. - (v) Declare that the selection to the post of Manager as per Ext.P6 is illegal and in clear violation to Ext.P1 Regulations and thereby unsustainable. - (vi) Declare that Ext.P7, P9 and P17 are illegal and ultravirus the provisions of Kerala Devaswom WP(C) NO.21355 OF 2021 -: 4 :- Recruitment Board Act 2015 and Guruvayur Devaswom Act 1978 as well as Ext.P1 Regulations and thereby inapplicable in the matter of promotions under the Guruvayur Devaswom. - (vii) issue a writ of certiorari or any other appropriate writ, order or direction, calling for Ext.P7, P9 and P17 and quash the directions contained therein in respect of promotions in Guruvayur Devaswom governed by Ext.P1 Guruvayur Devaswom Employees Regulations 1983. - (viii) issue a writ of certiorari or any other appropriate writ, order or direction, calling for the records leading to Ext.P6 and quash the same.” 2. Heard the learned Senior Counsel for the petitioners, the learned Government Pleader and the learned counsel appearing for the Guruvayur Devaswom Managing Committee as well as the learned Standing Counsel appearing for the Kerala Devaswom Recruitment Board. Though notice was taken out to contesting party respondents, there is no appearance for the said respondents. 3. It is submitted by the learned Senior Counsel for the petitioners that the issue raised in this writ petition is covered by a judgment of this Court in Administrator Guruvayur Devaswom Managing Committee v. Mayadevi [2022 (4) KLT SN 38 (C.No.31)]. It is contended that the writ petition can, therefore, be closed in the light of the judgment as well as the decisions taken subsequent thereto by the Managing Committee. WP(C) NO.21355 OF 2021 -: 5 :- In the above view of the matter, this writ petition is closed recording Exts.P33 and P34 resolutions passed by the Managing Committee. All other contentions are left open to be decided in appropriate proceedings. The learned Senior Counsel seeks liberty to approach afresh in case of any requirement. The 2[nd] petitioner is permitted to approach afresh, if required. Sd/ANU SIVARAMAN JUDGE Jvt/17.11.2022 WP(C) NO.21355 OF 2021 ## -: 6 :- ## **APPENDIX OF WP(C) 21355/2021** ## PETITIONER EXHIBITS - Exhibit P1 TRUE COPY OF THE RELEVANT EXTRACT OF THE GURUVAYUR DEVASWOM EMPLOYEES REGULATIONS 1983 DATED 16.10.2015 - Exhibit P2 TRUE COPY OF THE RELEVANT EXTRACT OF THE SENIORITY LIST/SERVICE DETAILS OF ASSISTANT MANAGERS - Exhibit P3 TRUE COPY OF THE NOTE P1-4255/2020 DATED 14.5.2020 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONERS ALONG WITH TYPED COPY - Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 10.7.2020 SUBMITTED BY THE PETITIONERS 1 AND 2 AND 2 OTHERS BEFORE THE 2ND RESPONDENT - Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 10.11.2020 IN WPCC NO 12652/2020 AND WPC NO 16530/2020 OF THIS HON'BLE COURT - Exhibit P6 TRUE COPY OF THE MINUTES OF THE DPC MEETING HELD ON 31.3.2021 FORWARDED BY THE 5TH RESPONDENT TO THE 3RD RESPONDENT VIDE NO 26/EA1-2018/KDRV DATED 31.3.2021 - Exhibit P7 TRUE COPY OF THE CIRCULAR NO 01/2016 ISSUED BY THE 4TH RESPONDENT VIDE NO 110/KDRB/2016 DATED 5.5.2016 - Exhibit P8 TRUE COPY OF THE GOVERNMENT LETTER VIDE NO REVDE2/418/2018-REV DATED 28.11.2018 ALONG WITH TYPED COPY - Exhibit P9 TRUE COPY OF THE LETTER NO EA1-80/KDRB/2017 DATED 22.6.2019 ISSUED BY THE 4TH RESPONDENT TO THE 3RD RESPONDENT - Exhibit P10 TRUE COPY OF THE REPRESENTATION DATED 19.4.20021 SUBMITTED BY THE PETITIONERS BEFORE THE CHAIRMAN OF THE GURUVAYUR DEVASWOM - Exhibit P11 TRUE COPY OF THE REPRESENTATION DATED 19.4.2021 SUBMITTED BY THE PETITIONERS BEFORE THE CHAIRMAN OF THE MANAGING COMMITTEE - Exhibit P12 TRUE COPY OF THE INTERIM ORDER DATED 20.4.2021 IN WP(C) NO.21355 OF 2021 -: 7 :- ||WPC NO 10135/2021 OF THIS HON'BLE COURT| |---|---| |Exhibit P13|TRUE COPY OF THE REPRESENTATION DATED 21.4.2021| ||SUBMITTED BY THE MAJORITY OF THE SERVICE| ||ORGANIZATION OF THE GURUVAYUR DEVASWOM TO THE| ||MANAGING COMMITTEE| |Exhibit P14|TRUE COPY OF THE DECISION NO 2 OF THE GURUVAYOOR| ||DEVASWOM MANGING COMMITTEE DATED 26.4.2021| |Exhibit P15|TRUE COPY OF JUDGMENT DATED 24.6.2021 IN WPC NO| ||10135/2021 OF THIS HON'BLE COURT| |Exhibit P16|TRUE COPY OF THE RESOLUTION NO 2 DATED 1.7.2021| ||PASSED BY THE ADMINISTRATOR OF THE GURUVAYUR| ||DEVASWOM MANAGEMENT COMMITTEE| |Exhibit P17|TRUE COPY OF THE LETTER VIDE NO 26/EA1/KDRB/2018| ||DATD 8.7.2021 ISSUED BY THE 4TH RESPONDENT TO THE| ||1ST RESPONDENT| |Exhibit P18|TRUE COPY OF THE JUDGMENT DATED 30.7.2021 IN CONT| ||CASE NO 1081/2021 OF THIS HON'BLE COURT| |Exhibit P19|TRUE COPY OF THE COMMUNICATION/PROCEEDINGS NO 2| ||DATED 12.8.2021 OF THE MEMBER OF GURUVAYUR DEVASWOM| ||MANAGING COMMITTEE TO THE ADMINISTRATOR ALONG WITH| ||TYPED COPY| |Exhibit P20|TRUE COPY OF THE COMMUNICATION DATED 25.8.2021| ||SUBMITTED BY THE MEMBER OF GURUVAYUR DEVASWOM| ||MANAGING COMMITTEE TO THE ADMINISTRATOR.| |Exhibit P21|TRUE COPY OF THE ORDER DATED 12.8.2021 IN WA NO| ||1042/2021 OF THIS HON'BLE COURT| |Exhibit P22|TRUE COPY OF THE INTERIM ORDER DATED 20.9.2021 IN| ||CONT.APPEAL NO 2/2021 PASSED BY THIS HON'BLE COURT| |Exhibit P23|TRUE COPY OF THE GOVERNMENT ORDER GO(RT0 NO| ||3244/2021/REV DATED 26.9.2021| |Exhibit P24|TRUE COPY OF THE ORDER/PROCEEDINGS VIDE NO B1-| ||1255/2020 DATED 29.9.2021 OF THE 3RD RESPONDENT| ||PUBLISHING THE SELECT LIST| |Exhibit P25|TRUE COPY OF THE ORDER/PROCEEDINGS VIDE NO B1-| WP(C) NO.21355 OF 2021 -: 8 :- - 1255/2020 DATED 30.9.2021 OF THE 3RD RESPONDENT - Exhibit P26 TRUE COPY OF THE ORDER NO B1-572/18 DATED 31.5.2019 PUBLISHED BY THE 3RD RESPONDENT - Exhibit P27 TRUE COPY OF THE AFFIDAVITS (EXCLUDING ANNEXURES) FILED BY THE RESPONDENT NO 2 IN SLP NO 33174/17 BEFORE THE HON'BLE SUPREME COURT ON 28.7.2020 - Exhibit P28 TRUE COPY OF THE AFFIDAVITS (EXCLUDING ANNEXURES) FILED BY THE RESPONDENT NO 2 IN SLP NO 33174/17 BEFORE THE HON'BLE SUPREME COURT ON 18.9.2021 - Exhibit P29 TRUE COPY OF THE REPLY VIDE NO B9-3951/2021 DATED 28.7.2021 OBTAINED UNDER RIGHT TO INFORMATION ACT - Exhibit P30 TRUE COPY OF THE ORDER NO B9-3951/2021 DATED 9.9.2021 PASSED BY THE 3RD RESPONDENT - Exhibit P31 TRUE COPY OF THE REPLY NO EA-3/1066/KDRC/2021 DATED 22.6.2021 OBTAINED UNDER RIGHT TO INFORMATION ACT - Exhibit P32 TRUE COPY OF THE APPELLATE ORDER NO EA3/1269/2021/KDRS DATED 9.8.2021 OBTAINED UNDER THE RIGHT TO INFORMATION ACT - Exhibit P33 TRUE COPY OF THE RESOLUTION VIDE NO.B1-1255/2020(I) DATED 14.10.2022 PASSED BY THE GURUVAYUR DEVASWOM ADMINISTRATOR - Exhibit P34 TRUE COPY OF THE ORDER VIDE NO.B1-1255/2020(2) DATED 14.10.2022 PASSED BY THE GURUVAYUR DEVASWOM ADMINISTRATOR