JUDGMENT

(Prayer:Appeal - filed under Clause 15 of Letters Patent, to set aside the order dated 15.04.2013 made in W.A.(MD)No.2406 of 2007.)

Dr. Anita Sumanth

1. The Writ Petitioner is an Othuvar. He was appointed on 23.05.1983 in the Arulmigu Azhagamman Temple, Vadeeswaram, Nagercoil (in short ‘Temple’/'Temple in question’), initially on temporary basis, thereafter, made permanent. The Temple comes under the control of the Hindu Religious and Endowments Department (in short ‘HR & CE department’/ ‘department’) and the service rules in connection therewith.

2. His pay was fixed on 03.03.1990 in the scale of 70-4-110-5-160, revised during the year 1993 to 110-10-200-15-230 and during the year 2006 to 600-30-900-250. The Temple was brought under the category of ‘Thunai Kovil’ by proceedings dated 11.10.2006 within the overall management of the Suchindram Devaswom.

3. The definition of ‘temple’ under the Hindu Religious and Charitable Endowments Act, 1959 (in short 'HR&CE Act'/'Act’), is under Section 2 (20) reading as follows:

“(20) “temple” means a place by whatever designation known, used as a place of public religious worship and dedicated to, or for the benefit of, or