IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL TUESDAY, THE 23^RD DAY OF MAY 2023 / 2ND JYAISHTA, 1945 WP(C) NO. 3685 OF 2011 PETITIONERS:

1 E.P.ESWARAN NAMBOOTHIRI ELAYADATH PERKULLAM, KADANNAPPALLI, (VIA) MANDUR-670 501.

2 P.T.SADHANA "GOURI NIVAS", NEAR ANNAPOOMESWARI TEMPLE, CHERUKUNNU P.O., CHERUKUNNU.

3 N.GEETHA POOVALLAP HOUSE, CHIRAKKAL P.O., KANNUR.

4 A.V.SAVITHRI AYIRAM VALLI HOUSE, CHERUKUNNU R.S.P.O., KUNNANGAD, KANNUR-670 301.

BY ADVS.

SRI.J.JULIAN XAVIER SRI.FIROZ K.ROBIN RESPONDENTS:

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO REVENUE, (DEVASWOM) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM.

2 THE COMMISSIONER MALABAR DEVASWOM BOARD, KOZHIKODE-673 006.

3 THE ASSISTANT COMMISSIONER MALABAR DEVASWOM BOARD, P.O.THIRUVANGAD, THALASSERY.

4 EXECUTIVE OFFICER CHIRAKKAL KOVILAKAM DEVASWOM, CHIRAKKAL P.O., KANNUR-670 011.

BY ADVS.

SRI.V.KRISHNA MENON, SC, MALABAR DEVASWOM BOARD SRI.K.MOHANAKANNANSCMALABAR DEVASWOM SRI.N.MANOJ KUMARSCMALABAR DEVASWOM SRI.V.KRISHNA MENON, SC, MALABAR DEVASWOM BOARD R.LAKSHMI NARAYANAN - SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.05.2023, ALONG WITH WP(C).5166/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL TUESDAY, THE 23^RD DAY OF MAY 2023 / 2ND JYAISHTA, 1945 WP(C) NO. 5166 OF 2011 PETITIONERS:

1 SUDEER BABU PUTHIYEDATH HOUSE, KARAYADU P.O., MEPPAYOOR VIA, KOZHIKODE-673 524.

2 M.V.SASI MARRAR HOUSE, KARAYADU P.O., KOZHIKODE.

3 V.P.SHAJI VADAKKEPARAMBIL HOUSE, KARAYADU, MEPPAYOOR, KOZHIKODE.

4 HARISH NAMBOOTHIRI SHANTHI, SREE THIRUVANGAYOOR SHIVA TEMPLE,, P.O.KARAYAD, KOZHIKODE.

BY ADVS.

SRI.J.JULIAN XAVIER SRI.JOSE. V.V.

RESPONDENTS:

1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY, REVENUE (DEVASWOM) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM.

2 THE COMMISSIONER MALABAR DEVASWOM BOARD, ERANHIPALAM, KOZHIKODE-673 006.

3 THE ASSISTANT COMMISSIONER MALABAR DEVASWOM BOARD, ERANHIPALAM, KOZHIKODE-673 006.

4 THE TRUSTEE SREE THIRUVANGAYOOR SHIVA TEMPLE, P.O.KARAYAD, KOZHIKODE-673 524.

5 MALABAR DEVASWOM BOARD REPRESENTED BY ITS PRESIDENT, ERANHIPALAM, KOZHIKODE-673 006.

BY ADVS.

SRI.V.KRISHNA MENON, SC, MALABAR DEVASWOM BOARD SRI.K.MOHANAKANNANSCMALABAR DEVASWOM SRI.R.LAKSHMI NARAYANANSCMALABAR DEVA SRI.V.KRISHNA MENON, SC, MALABAR DEVASWOM BOARD R.LAKSHMI NARAYANAN - SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.05.2023, ALONG WITH WP(C).3685/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

[WP(C) Nos.3685/2011, 5166/2011]

Petitioners are the employees of the Kunninmathilakam Shivaskethram and Sree Thurvangayoor Shiva Temple, falling under the Malabar Devaswom Board and functioning under the provisions of Hindu Religious Charitable Endowments Act. The salaries of the employees of the temples are classified as per the status granted to the temple ie., Special Grade, A grade, B grade and C grade based upon the income. In view thereof, the Government issued an order Ext.P1 fixing the pay scale of the employees of the temples falling under different grades, i.e., if the income of the temple is more than Rs.40 lakhs, it will be a ‘Special Grade’ whereas income Rs.10 lakhs to Rs.40 lakhs ‘A grade’, Rs.3 lakhs to Rs.10 lakhs ‘B grade’, Rs.1 lakh to Rs.3 lakhs ‘C grade’ and less than Rs.1 lakh ‘D grade’ and so on so forth. Vide Ext.P2, on the basis of the income for the year 2008, Commissioner classified the temples in question as ‘B grade’. The Government endorsed the same by vide Ext.P3 in W.P.(C).No.3685 of 2011. However, vide Ext.P5 (Ext.P6 in W.P.(C)No.5166 of 2011), Commissioner considering the income for three consecutive years prior to 2009 ie., 2007, 2008 and 2009 classified the temple as ‘C grade’ and the employees were paid the salaries as per the fixation of the pay in Ext.P1. The aforementioned order was assailed by filing a revision petition before the Government which was dismissed vide order dated Ext.P13.

2. Learne