Point of Law : Mandala-Makaravilakku Festival of 1197 ME - Administration - to ensure that sufficient number of staff in the Establishment Wing of the Board and Class-IV employees are deployed for special duty at Sabarimala Sannidhanam, Pamba and Nilakkal during Mandala-Makaravilakku festival season.

ORDER :

Anil K. Narendran, J.

The Special Commissioner, Sabarimala, has filed this report regarding the shortage of employees at Sabarimala Sannidhanam, Pamba and Nilakkal during Mandala-Makaravilakku Festival of 1197 ME. This report is one filed pursuant to the direction contained in the order of this Court dated 04.01.2022 in SSCR No.1 of 2022. By that order, the 3rd respondent Devaswom Commissioner was directed to obtain from the concerned Assistant Devaswom Commissioners, the name of the staff in the Establishment Wing of the Board and Class-IV employees who failed to report for special duty at Sabarimala Sannidhanam, Pamba and Nilakkal, other than on genuine medical grounds. On receipt of such report, the 3rd respondent was directed to furnish a copy of the same to the Special Commissioner, so as to enable him to file a fresh report before this Court. Based on the report from the concerned Assistant Devaswom Commissioners, the 3rd respondent was directed to initiate appropriate proceedings against the staff in the Establishment Wing and Class-IV employees, who failed to report for special duty, other than on genuine medical grounds, and to submit an action taken report before this Court. The 3rd respondent was directed to call for the list of male employees who have not been deployed for Sabarimala special duty for the last two years from the concerned Assistant Devaswom Commissioners and furnish a copy of that list to the Special Commissioner, so as to enable him to file a fresh report before this Court, seeking appropriate orders. In this report filed pursuant to the direction contained in the order dated 04.01.2022 in SSCR No.1 of 2022, the Special Commissioner has suggested that the 3rd respondent may be directed to deploy for Sabarimala special duty, in future, those staff/employees who have not been deployed for special duty for the last two years or more.

2. On 11.02.2022, when this report was taken up for consideration, the learned Standing Counsel for Travancore Devaswom Board sought time to get instructions as to the number of employees who failed to report for special duty at Sabarimala Sannidhanam, Pamba and Nilakkal during Mandala-Makaravilakku Festival of 1197 ME. On 31.01.2022, along with the memo filed by the learned Standing Counsel for the Board, a report dated 12.01.2022 of the Executive Officer, Sabarimala was placed on record, regarding the number of employees who have reported for special duty during Mandala-Makaravilakku Festival of 1197 ME.

3. On 14.02.2022, when this report came up for consideration, this Court noticed that the 3rd respondent is yet to forward to the Special Commissioner, a list containing the name of the staff in the Establishment Wing and Class-IV employees who failed to report for special duty, other than on genuine medical grounds. The learned Standing Counsel for the Board sought time to get instructions and accordingly, the matter was adjourned to 16.02.2022.

4. The Special Commissioner has filed a report dated 09.02.2022. Along with the statement dated 15.02.2022 filed on behalf of respondents 1 to 3, a statement of the 3rd respondent containing the list of employees who failed to report for special duty at Sabarimala Sannidhanam, Pamba and Nilakkal during Mandala-Makaravilakku Festival of 1197 ME is placed on record, as Annexure R1(a). As per the said statement, the special duty of 3 employees out of 611 employees was cancelled on genuine medical grounds. 13 employees failed to report for special duty without any valid reason and disciplinary proceedings have already been initiated against them. 102 employees could not report for special duty on account of temple festivals, etc. and therefore, substitute arrangements were made.

5. Heard the learned Standing Counsel for the Travancore Devaswom Board for respondents 1 to 3, the learned Senior Government Pleader for the 4th respondent and also the learned counsel who represented the learned Amicus Curiae for Special Commissioner, S