MALABAR DEVASWOM BOARD Vs. K. P. KESAVAN NAMBEESHAN

JUDGEMENT

(1.) Respondents 2 to 4 in W.P.(C)No.25037 of 2013 have filed this writ appeal, invoking the provisions under Sec. 5(i) of the Kerala High Court Act, 1958, challenging the judgment of the learned Single Judge dtd. 16/1/2015 in that writ petition. The said writ petition was one filed by respondents 1 to 7 herein, who are the temple employees of Sree Meledath Siva Temple, a controlled institution under the Malabar Devaswom Board, in respect of which the 9th respondent herein is the hereditary trustee and the 10th respondent is the Executive Officer. The petitioners have filed that writ petition, invoking the writ jurisdiction of this Court under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 1 to 4, namely, the State of Kerala; the Malabar Devaswom Board; the Commissioner, Malabar Devaswom Board; and the Assistant Commissioner, Kozhikode to forthwith disburse the arrears of salary as evidenced by Ext.P6 statement dated nil. They have also sought for a writ of mandamus commanding the respondents to disburse their full salary on the day fixed for disbursement of salary. The respondents in that writ petition, i.e., appellants and respondents 8 to 10, have not chosen to file any counter affidavit.

(2.) The learned Single Judge, by the impugned judgment dtd. 16/1/2015, disposed of the writ petition by directing respondents 1 to 4 to disburse to the petitioners the arrears of salary as computed by them, within a period of two months from the date of receipt of a copy of the judgment and further to disburse their full salary. Paragraphs 3 to 7 and also the last paragraph of that judgment read thus;

(3.) Feeling aggrieved, the Malabar Devaswom Board and its officials - respondents 2 to 4 in the writ petition are before this Court in this writ appeal by contending that in view of the Government orders and circulars governing the field respondents 1 to 7 - writ petitioners are not legally entitled to a direction against the Malabar Devaswom Board for payment of their salary from the Management Fund maintained by the Board.