GURUVAYUR DEVASWOM Vs. DEPARTMENT OF REVENUE

JUDGEMENT

(1.) Whether the Government is justified in not forwarding a panel of three suitable candidates for appointment as 'Administrator' of the Guruvayoor Devaswom, in terms of Section 14 of the Guruvayoor Devaswom Act, 1978 (hereinafter referred to as the 'Act'), but for extending the deputation of the existing officer, whose service was spared to the Devaswom one year ago, is the point to be considered; more so when, no such 'extension of deputation' was ever sought for by the Guruvayoor Devaswom. In other words, whether the power of appointment conferred upon the Devaswom as per Section 14 of the Guruvayoor Devaswom Act could be nullified by the Government by effecting the appointment in an indirect manner by way of extending the deputation, is the question.

(2.) Ext.P6 order passed by the Government on 27.09.2017 extending the deputation of the incumbent is under challenge, at the instance of the Devaswom. The Administration of the Guruvayoor Devaswom , incorporated under Section 3 of the Guruvayoor Devaswom Act , 1978 is vested with the Managing Committee of the Devawom constituted under Section 4 of the Act. The Managing Committee consists of 9 members including the Zamorin Raja, Karnavan of Mallisserri Illom, Thantri of the temple, a representative of the employees and five persons, one of whom shall be a member of Scheduled Caste nominated by the Hindus among the Council of Ministers (having interest in the temple). The Administrator is the Chief Executive Officer of the Guruvayoor Devaswom, who shall not be below the rank of a Deputy Collector, as stipulated under Section 14 of the Act. On receipt of the request from the Devaswom, it is for the Government to forward a panel containing the names of suitable officers ( not below the rank of Deputy Collector) and it is for the Managing Committee of the Devaswom to select and appoint any one of the officers from the said panel, as the Administrator. If there is any delay in completing the procedure for regular appointment under Section 14 of the Act or if the post is temporarily vacant, the Government is competent to appoint an officer not below the rank of Dy.Collector, to be in additional charge of the Administrator for a period not exceeding 'three months', in exercise of the power under Section 16 of the Act. .

(3.) On intimating the requirement in the above regard, the matter was considered and a panel of three officers containing the names of the second respondent and two others was forwarded by the Government, as per letter dated 17.09.2016 for selection and appointment as Administrator of the Guruvayoor Devaswom. After considering the particulars, the Managing Committee of the Devaswom, as per Ext.P1 resolution No.96 dated 29.09.2016, resolved to select and appoint the second respondent as the Administrator of the Devaswom for a period of one year and decided to request the Government to sanction deputation of the second respondent in this regard. It was accordingly, that the Government sanctioned the deputation of the second respondent for a period of one year, as per the relevant G.O. dated 30.09.2016, pursuant to which the second respondent took charge as Administrator of the Devaswom on 01.10.2016.