NARAYANAN NABOODIRI Vs. COCHIN DEVASWOM BOARD

JUDGEMENT

(1.) PETITIONERS Nos. 1 to 3 are stated to be hereditary Archakas of Vadakkunnathan Temple and Anthikatt Temple, and the 4th petitioner is the holder of a hereditary post called "adichuthali Kazhagam" (Cleaning the inside portion of the temple for poojas and performance) in Vadakkunnathan temple falling within the Trichur group under the 1st respondent, the Cochin Devaswom Board, Trichur. The 2nd respondent is the Devaswom Assistant Commissioner, Trichur. The petitioners have-come up to this Court with this petition under Article 226 of the Constitution for the issue of a writ of certiorari for quashing Ext. P 2 series of notices issued to them. There is also a prayer for the issue of a writ of mandamus directing the respondents not to enforce the Service Rules framed by the 1st respondent on the petitioners till the disposal of the original petition.

(2.) IT is an admitted case that the petitioners were over 60 years of age at the time when the writ petition was filed. By Ext. P 2 series of notices dated 23. 12. 1975, each of the petitioners was informed that in terms of Rule 4 (1) of the Service Rules of the Employees of the Cochin Devaswom Board his service would be terminated from the date of the issue of the notice and that he would be entitled to receive the benefits as provided under Rule 7 (3) of the Rules.

(3.) SRI C. M. Devan, the counsel for the petitioners, submitted that Rule 4 (1) sought to be applied to the case of the petitioners is not applicable to them inasmuch as they are really governed by Rule 2 which, after enumerating certain categories of employees, stated that the [rules would, not be applicable to them as also to those persons who were specially engaged. I do not find the "archakas" among the enumerated categories, though the 4th petitioner may fall within the category of "adichuthalikar". The submission of the counsel for the petitioners is that petitioners Nos. 1 to 3 would also fall within those categories inasmuch as they could either be included in the Mesanthikar or Keezhsanthikar. What Rule 4 (1) lays down is that no person below the age of 18 or above the age of 60 would be kept in the service of Devaswom under any circumstances. Exhibit P 2 series of notices are purported to have been issued under Rule 4 (1) of the Rules.