TRAVANCORE DEVASWOM BOARD Vs. CHELLAPPAN PILLAI

JUDGEMENT

(1.) This appeal is by the Travancore Devaswom Board and its Sub Group Officer, Thiruvalla, challenging the judgment of the learned single Judge in O.P. No. 1172 of 1983. The respondent was Karanma Accountant of Thiruvalla Devaswom. He was called upon to render service being the seniormost member of the family. He was rendering service to the Thiruvalla Devaswom when he was issued the impugned order Ext. P-5 dated 2-1-1983 requiring him to retire en his attaining the age of 55 years and directing him to produce evidence in proof of his age. The said order was made having regard to R.23 of the Rules regarding the Recruitment, Service and Conduct of Devaswom Servants, issued under S.35 of the Travancore-Cochin Hindu Religious Institutions Act, 1950. The respondent challenged the order, Ext. PS, before this Court and took up the contention that as he is a holder of Karanma Inam and rendering service in that capacity as Accountant he cannot be regarded as an employee of the Board or the Devaswom Department. He took the stand that he is the bolder of a hereditary office and that R.23 of the Rules relied upon by the Board is not applicable to him as a Karanma and therefore he cannot be called upon to retire from service on attaining the age of 55 years. The learned single Judge has allowed the Original Petition holding that the Karanma is a holder of hereditary office and therefore not governed by R.23 of the Rules prescribing the age of superannuation for the employees of the Board and the Devaswom Department. It is the said judgment that is challenged in this appeal.

(2.) S.35 of the Travancore-Cochin Hindu Religious Institutions Act, 1950 empowers the Board to make rules for carrying out the purposes of the Act. Cl. (b) of sub-s. (2) of S.35 which in the relevant provision in this behalf, may be extracted as follows:

(3.) It is not disputed that the respondent was the holder of hereditary right known as Karanma to the Thiruvalla Devaswom. Karanma was admittedly one of the service inam prevailing in the State of Kerala. By the Kerala Service Inam Lands (Vesting and Enfranchisement) Act, 1981, service inams were abolished, the lands were resumed and the liability to render service was extinguished. The preamble to the Act reads: