S. RAMESH KUMAR Vs. THE COMMISSIONER, HINDU RELIGIOUS

JUDGEMENT

(1.) The writ petitions have been filed challenging the impugned proceeding bearing Ref.No.Na.Ka.No.45866/2016/U1 dated 07.10.2016 passed by the Commissioner, Hindu Religious and Charitable Endowments Department/the first respondent herein.

(2.) W.P. No.36172 of 2016: The case of the petitioner is that he was appointed for the post of Security (Kavalar) in Arulmigu Neelaganda Swamigal Thirukoil, Padmanabapuram, subject to the administrative approval of the Commissioner, Hindu Religious and Charitable Endowments Department/the first respondent herein with a scale of pay of Rs.600-10-720-15-1020 vide order dated 24.01995. However, the Deputy Commissioner/Executive Officer/Incorporated and Un-incorporated Devasthanams, the third respondent herein vide its letter dated 13.07.2005, sent a proposal to the first respondent to appoint the petitioner as Office Assistant, after creating the said post in the scale of pay of Rs.2610-60-3150-65-3540. Subsequently, the first respondent vide its proceedings Ref.Mu.Mu. No. 48699/05/U1 dated 24.05.2006, based on the G.O. Ms. No.257 HR&CE Department dated 10.06.1998, has fixed the petitioner's pay scale at Rs.2610-60-3150-65-3540.

(3.) Based on the request of the petitioners, the Joint Commissioner, Hindu Religious and Charitable Endowments Department/the second respondent herein sent a proposal on 06.10.2010 to the first respondent to re-designate their post of Special Security/Security as Junior Grade Administrator. On reply to this proposal, on 22.10.2010, the first respondent sought some clarifications from the second respondent, which was later clarified vide letter No.3945/2010/D2 dated 24.11.2010, wherein, it was clearly stated that since there is no post with the nomenclature as Special Security and Junior Grade Administrator in the Government Service, the question of inclusion in the list of nomenclature of Government Servants may not arise. However, it was further requested by the second respondent that though the nomenclature of the post held by the petitioners does not exist in the Government service, the same should be modified for the purpose of administrative convenience, particularly, since there is no consequential monetary benefit arising out of it. This being the position, the first respondent issued the impugned proceedings bearing Ref.Na.Ka.No.45866/2016/U1 dated 07.10.2016 wherein the scale of pay of Rs.2610-60-3150-65-3540 fixed to the petitioners was cancelled, without any show cause notice to the petitioners. Therefore, the same being violative of the principles of natural justice, must go.