The Malabar Devaswom Board vs T.G. Krishnan & Ors.

Devan Ramachandran, J

We are disposing of these appeals together, since the issues involved in these are analogous, if not identical.

The question impelled is, if the Malabar Devaswam Board - which is statutorily constituted under the provisions of the Madras Hindu Religious and Charitable Endowments Act,1951 (‘HR&CE Act for short) - can prohibit or impede the Trustees of Special Grade Devawasms under it, from implementing salary revisions on par with government servants.

As early as in the year 2015, a learned Bench of this Court, in WP(C)No. 13754 of 2014, delivered judgment answering the issue in favour of the employees; which was then followed in subsequent judgments, including in WP(C) No. 24492 of 2015 - a copy of which has been produced on record as Ext.P3 in WP(C)No.24001 of 2016, from which Writ Appeal No.1282 of 2018 has originated.

The learned Single Judge, in the impugned judgment, has only followed the afore two precedents, to declare that the Special Grade Devaswams under the appellant Board are entitled to be treated alike and hence that their employees are also eligible to the same pay scales. This was declared, noticing the order of the Government - namely Ext.P1, with conceded benefits as afore to the employees of five other Special Grade Devaswams and on the plea of the writ petitioners, that similar treatment be given to the two temples in question.

Smt.Ranjanie – learned Standing Counsel for the appellant – Board, argued that, going by the provisions of the “HR&CE Act”, no devaswom can spent more than 30% of their income towards establishment charges, which includes salary. She argued that, going by the specific facts involved in this case, if the reliefs as sought for by the writ petitioners are to be allowed, both the temples in question will stand to spend more than 30% of their income towards establishment charges. She contended that it is in such specific factual scenario that her client is opposing the proposal of the Trustees of the Temples.

Sri.Mohan C.Menon - learned counsel for the writ petitioners/ respondents, countered the afore submissions, saying that, under the “HR&CE” Act, the appellant - Board is only a Supervisory Authority, with full administrative powers over the Temples being vested with its Trustees. He explained that the pay and allowances of employees are to be met by the Trustees solely from out of the income of the temple; and that, statutorily, the Board is not vested with any authority to interfere with the same, even on the grounds of financial burden. He concluded contending that, when the judgment in WP(C)No.13754 of 2015 and in WP(C)No.24492 of 2015 remains without any contest by the Board, they could not have filed these appeals, since they have no role, in either implementing, or making payment, under the revisions of pay to employees of the Special Grade Devaswoms.

It is indubitable from the afore rival submissions that, normally, the appellant would not obtain locus to file appeal against the impugned judgments, because the salaries and allowances of the employees are to be honoured by the Trustees of the Special Grade Devaswoms.

However the specific contention of the appellant -Board is that they are constrained to approach this Court because, if the salary revision, as now decided by the Trustees, are to be allowed, then the administrative charges of the Temples would climb over 30% of their income.

There may appear to be some element of justification in the apprehension voiced by the appellant Board; but, as per the provisions of the “HR&CE” Act, in cases where the administrative expenses of a Temple is to escalate over 30% of its income, there are specific consequences and measures stipulated.

It is without dispute before us that the two Temples in question are Special Grade Devaswoms, who stand on par in status with the ones mentioned in the Government Order produced as Ext.P1 in WP(C)No.24001 of 2016. It is also conceded that the Trustees of temples have taken decisions to allow grades and scales of pay to the employees on par with the Government servants. Again, without contest, the entire burden of this will have to be borne by the Temple, through its trustees, who are the pay masters.

The appellants have, in fact, placed before us the judgment in WP(C)No.23148 of 2014 by another learned Single Judge, which is stated to have attained finality,without any appeal having been filed against it by the Board. In this judgment, the learned Judge has declared unequivocally that the Trustees are the pay masters; and hence that the Government or the Board cannot interfere with the decisions taken by them, even on the grounds of financial burden.

Adverting to the specific facts of this case in the afore backdrop, the Trustees of the temples have taken decisions to revise the pay scales of their employees on par with the Government servants. The Board opposes this only because they fear that, if this is implemented, the administrative charges to be suffered by the Temples may travel beyond 30% of their income. This is a question of fact , which will have to be met only after implementation of the orders of revision. The apprehension of the appellant is, therefore, clearly premature; and they will have to wait and see how things will turn out to be, after the revisions are made. The binding judicial declarations are rather emphatic, that in matters of revision of pay, particularly in the case of Special Grade Devaswoms, it is the opinion and orders of the Trustees which remain final. The appellant - Board can only supervise the affairs of the Temples to ensure that they remain within the statutory perimeters and parameters, as are imposed by the statute.

We notice that the learned Single Judge has assessed the situation in the above perspective; and has followed the earlier judgments referred above, namely, in WP(C)No. 13754 of 2014 and WP(C)No.24492 of 2015. Obviously, we cannot find the impugned judgment before us to be in error; and consequently, dismiss these appeals.

ANNEXURE P1 TRUE COPY OF THE REPORT ALONG WITH THE INCOME-EXPENDITURE STATEMENT IN RESPECT OF SREE NHANGATTEERI BHAGAVATHI DEVASWAM FOR THE YEAR 2013, 2014 & 2015 SUBMITTED BY THE ASSISTANT COMMISSIONER, MALABAR DEVASWAM BOARD, MALAPPURAM.

ANNEXURE A1 TRUE COPY OF THE INCOME-EXPENDITURE STATEMENT SUBMITTED THE 4TH RESPONDENT TO THE APPELLANT.

ANNEXURE A2 TRUE COPY OF THE REPORT DATED 13-06-2016 OF THE ASSISTANT COMMISSIONER, MALABAR DEVASWOM BOARD.