ORDER : Anil K. Narendran, J. The Special Commissioner, Sabarimala, has filed this report regarding the shortage of employees at Sabarimala Sannidhanam, Pamba and Nilakkal during Mandala-Makaravilakku Festival of 1197 ME. This report is one filed pursuant to the direction contained in the order of this Court dated 04.01.2022 in SSCR No.1 of 2022. By that order, the 3rd respondent Devaswom Commissioner was directed to obtain from the concerned Assistant Devaswom Commissioners, the name of the staff in the Establishment Wing of the Board and Class-IV employees who failed to report for special duty at Sabarimala Sannidhanam, Pamba and Nilakkal, other than on genuine medical grounds. On receipt of such report, the 3rd respondent was directed to furnish a copy of the same to the Special Commissioner, so as to enable him to file a fresh report before this Court. Based on the report from the concerned Assistant Devaswom Commissioners, the 3rd respondent was directed to initiate appropriate proceedings against the staff in the Establishment Wing and Class-IV employees, who failed to report for special duty, other than on genuine medical grounds, and to submit an action taken report before this Court. The 3rd respondent was directed to call for the list of male employees who have not been deployed for Sabarimala special duty for the last two years from the concerned Assistant Devaswom Commissioners and furnish a copy of that list to the Special Commissioner, so as to enable him to file a fresh report before this Court, seeking appropriate orders. In this report filed pursuant to the direction contained in the order dated 04.01.2022 in SSCR No.1 of 2022, the Special Commissioner has suggested that the 3rd respondent may be directed to deploy for Sabarimala special duty, in future, those staff/employees who have not been deployed for special duty for the last two years or more. 2. On 11.02.2022, when this report was taken up for consideration, the learned Standing Counsel for Travancore Devaswom Board sought time to get instructions as to the number of employees who failed to report for special duty at Sabarimala Sannidhanam, Pamba and Nilakkal during Mandala-Makaravilakku Festival of 1197 ME. 2. On 11.02.2022, when this report was taken up for consideration, the learned Standing Counsel for Travancore Devaswom Board sought time to get instructions as to the number of employees who failed to report for special duty at Sabarimala Sannidhanam, Pamba and Nilakkal during Mandala-Makaravilakku Festival of 1197 ME. On 31.01.2022, along with the memo filed by the learned Standing Counsel for the Board, a report dated 12.01.2022 of the Executive Officer, Sabarimala was placed on record, regarding the number of employees who have reported for special duty during Mandala-Makaravilakku Festival of 1197 ME. 3. On 14.02.2022, when this report came up for consideration, this Court noticed that the 3rd respondent is yet to forward to the Special Commissioner, a list containing the name of the staff in the Establishment Wing and Class-IV employees who failed to report for special duty, other than on genuine medical grounds. The learned Standing Counsel for the Board sought time to get instructions and accordingly, the matter was adjourned to 16.02.2022. 4. The Special Commissioner has filed a report dated 09.02.2022. Along with the statement dated 15.02.2022 filed on behalf of respondents 1 to 3, a statement of the 3rd respondent containing the list of employees who failed to report for special duty at Sabarimala Sannidhanam, Pamba and Nilakkal during Mandala-Makaravilakku Festival of 1197 ME is placed on record, as Annexure R1(a). As per the said statement, the special duty of 3 employees out of 611 employees was cancelled on genuine medical grounds. 13 employees failed to report for special duty without any valid reason and disciplinary proceedings have already been initiated against them. 102 employees could not report for special duty on account of temple festivals, etc. and therefore, substitute arrangements were made. 5. Heard the learned Standing Counsel for the Travancore Devaswom Board for respondents 1 to 3, the learned Senior Government Pleader for the 4th respondent and also the learned counsel who represented the learned Amicus Curiae for Special Commissioner, Sabarimala. 6. Travancore-Cochin Hindu Religious Institutions Act, 1950 enacted by the State Legislature makes provision for the administration, supervision and control of incorporated and unincorporated Devaswoms and of other Hindu Religious Endowments and Funds. 6. Travancore-Cochin Hindu Religious Institutions Act, 1950 enacted by the State Legislature makes provision for the administration, supervision and control of incorporated and unincorporated Devaswoms and of other Hindu Religious Endowments and Funds. As per sub-section (3) of Section 1 of the Act, substituted by the Kerala Adaptation of Laws Order, 1956, Part I of the Act shall extend to Travancore, Part II of the Act shall extend to Cochin and Part III of the Act shall extend to the whole of the State of Kerala, excluding the Malabar District. Sabarimala Devaswom is an incorporated Devaswom mentioned in Schedule I of the Act, under Chengannur Group, Pathanamthitta Taluk. 7. Chapter II of the Act deals with the Travancore Devaswom. Section 3 of the Act deals with vesting of administration in Board. Section 4 of the Act deals with constitution of the Travancore Devaswom Board. As per subsection (2) of Section 4, the Board shall be a body corporate having perpetual succession and a common seal with power to hold and acquire properties for and on behalf of the incorporated and unincorporated Devaswoms and Hindu Religious Institutions and Endowments under the management of the Board. 8. Section 15 of the Act deals with vesting of jurisdiction in the Board. As per sub-section (1) of Section 15, subject to the provisions of Chapter III of Part I, all rights, authority and jurisdiction belonging to or exercised by the Ruler of Travancore prior to the first day of July, 1949, in respect of Devaswoms and Hindu Religious Endowments shall vest in and be exercised by the Board in accordance with the provisions of this Act. As per sub-section (2) of Section 15, the Board shall exercise all powers of direction, control and supervision over the incorporated and unincorporated Devaswoms and Hindu Religious Endowments under their jurisdiction. 9. Section 15A of the Act, inserted by Act 5 of 2007, with effect from 12.04.2007, deals with duties of the Board. As per sub-section (2) of Section 15, the Board shall exercise all powers of direction, control and supervision over the incorporated and unincorporated Devaswoms and Hindu Religious Endowments under their jurisdiction. 9. Section 15A of the Act, inserted by Act 5 of 2007, with effect from 12.04.2007, deals with duties of the Board. As per Section 15A, it shall be the duty of the Board to perform the following functions, namely, (i) to see that the regular traditional rites and ceremonies according to the practice prevalent in the religious institutions are performed promptly; (ii) to monitor whether the administrative officials and employees and also the employees connected with religious rites are functioning properly; (iii) to ensure proper maintenance and upliftment of the Hindu religious institutions; (iv) to establish and maintain proper facilities in the temples for the devotees. Section 16 of the Act deals with supervision and control by the Board. As per Section 16, the Board shall, subject to the provisions of Part I of the Act, exercise supervision and control over the acts and proceedings of all officers and servants of the Board and of the Devaswom Department. 10. Section 24 of the Act deals with maintenance of Devaswoms, etc., out of Devaswom Fund. Section 27 of the Act deals with Devaswom properties. Section 31 of the Act deals with management of Devaswoms. As per Section 31, subject to the provisions of Part I and the rules made thereunder, the Board shall manage the properties and affairs of the Devaswoms, both incorporated and unincorporated as heretofore, and arrange for the conduct of the daily worship and ceremonies and of the festivals in every temple according to its usage. 11. In view of the provisions under the Travancore-Cochin Hindu Religious Institutions Act referred to hereinbefore, conclusion is irresistible that the administration of Sabarimala Devaswom, which is an incorporated Devaswom mentioned in Schedule I of the Act, and all its properties and funds shall vest in the Travancore Devaswom Board. The Board is duty bound to see that the regular traditional rites and ceremonies according to the practice prevalent in Sabarimala are performed promptly; monitor whether the administrative officials and the employees, and also the employees connected with religious rites are functioning properly; and to establish and maintain proper facilities in Sabarimala for the devotees. The Board is duty bound to see that the regular traditional rites and ceremonies according to the practice prevalent in Sabarimala are performed promptly; monitor whether the administrative officials and the employees, and also the employees connected with religious rites are functioning properly; and to establish and maintain proper facilities in Sabarimala for the devotees. Subject to the provisions of Part I of the Act and the Rules made thereunder, the Board shall manage the properties and affairs of Sabarimala Devaswom and arrange for the conduct of the daily worship and ceremonies and of the festivals in Sabarimala according to the usage. 12. In Rajani P. Kuttan and another v. State of Kerala and others [ 2021 (6) KHC 513 ] a Division Bench of this Court noticed that among the 1250 temples managed by the Travancore Devaswom Board, only 60 major temples are self-sufficient and the rest are being managed utilising the surplus income from Sabarimala Devaswom. The total number of sanctioned posts in various categories in the Travancore Devaswom Board is 5692 and the total number of pensioners is 5749. The major source of revenue of the Travancore Devaswom Board is the income received by way of offering by the devotees, the amount received from vazhipadu and the revenue generated through the auction of temple premises for various activities in connection with rituals and festivals in the temples. Paragraph 59 of the said decision reads thus : “59. The Financial position of the Devaswom Board:-The competent officer of the Devaswom Board filed an affidavit dated 14.06.2021 stating its financial position. It is submitted that there are 1250 temples under the Administrative Control of the Devaswom Board. The total number of sanctioned posts in various categories in the Devaswom Board is 5692, and the total number of pensioners is 5749. It is further submitted that the major sources of revenue of the Devaswom Board are the income received by way of offerings from devotees, the amount received from vazhipadu, and the revenue generated through the auction of the temple premises for various activities in connection with rituals and festivals in the temples. Besides this, the Devaswom Board gets an approximate sum of 14 crores per annum by way of the rent of the buildings owned by it. The annual contribution from the State Government under Article 290A of the Constitution of India is Rs.80 lakhs. Besides this, the Devaswom Board gets an approximate sum of 14 crores per annum by way of the rent of the buildings owned by it. The annual contribution from the State Government under Article 290A of the Constitution of India is Rs.80 lakhs. It is further submitted that among the 1250 temples managed by the Devaswom Board, only 60 major temples are self-sufficient, and the rest are being managed utilising the surplus income from Sabarimala Devaswom. Now, due to the spread of the Covid-19 pandemic, the temples remain closed, and the major source of income has come down. The Devaswom Board is finding it difficult even to pay the salary of the existing employees. The pleadings regarding the financial position of the Devaswom Board in the affidavit dated 14.06.2021 have not been controverted by the petitioners.” (underline supplied) 13. When the surplus income from Sabarimala Devaswom is being utilised for managing 1190 temples among 1250 temples under the management of the Travancore Devaswom Board, which are not self-sufficient, for payment of salary to Devaswom employees and also for payment of pension to its pensioners, the reluctance shown by the employees of the Board in reporting for special duty at Sabarimala Sannidhanam, Pamba and Nilakkal during Mandala-Makaravilakku festival season cannot be viewed lightly. The employees of the Travancore Devaswom Board have got a duty to render necessary assistance to the Board to discharge its statutory duty to see that the regular traditional rites and ceremonies according to the practice prevalent in Sabarimala are performed promptly; to establish and maintain proper facilities in Sabarimala for the devotees; and to arrange for the conduct of daily worship and ceremonies and of the festivals in Sabarimala according to its usage. The employees of the Board who failed to report for special duty other than on genuine medical grounds or on account of ongoing festival in their temple have to be dealt with appropriately, by initiating disciplinary proceedings. The employees of the Board who failed to report for special duty other than on genuine medical grounds or on account of ongoing festival in their temple have to be dealt with appropriately, by initiating disciplinary proceedings. In order to ensure that sufficient number of staff in the Establishment Wing of the Board and Class-IV employees are deployed for special duty at Sabarimala Sannidhanam, Pamba and Nilakkal during Mandala-Makaravilakku festival season, which begins from the 1st of Vrischikam (in the middle of November), we deem it appropriate to issue the following directions; (i) the 3rd respondent Devaswom Commissioner shall fix the number of staff in the Establishment Wing of the Board and Class-IV employees required for special duty during Mandala-Makaravilakku festival season, at Sabarimala Sannidhanam, Pamba and Nilakkal, within one month from the date of receipt of a certified copy of this order. (ii) the Devaswom Commissioner shall require the Assistant Devaswom Commissioners to forward the list of staff in the Establishment Wing and Class-IV employees for special duty during Mandala season and Makaravilakku season, two months before the commencement of Mandala-Makaravilakku festival, which shall reach the office of the Devaswom Commissioner within a period of two weeks. The name of the staff in the Establishment Wing and Class-IV employees who have not been deployed for special duty for the last two years or more shall be separately shown in the said list. (iii) within two weeks from the date of receipt of the list from the Assistant Devaswom Commissioners, the Devaswom Commissioner shall prepare a list of staff in the Establishment Wing and Class-IV employees for special duty during Mandala season and Makaravilakku season, which shall be published in the official website of the Travancore Devaswom Board and also in the notice board in the office of the Assistant Devaswom Commissioners. The relevant extract of that list shall be communicated to the concerned Sub Group Officer, from the office of the Assistant Devaswom Commissioner, for publishing on the notice board of the respective temples. (iv) in case any staff in the Establishment Wing or Class-IV employees fail to report for special duty at Sabarimala Sannidhanam, Pamba or Nilakkal during Mandala season or Makaravilakku season, the Executive Officer, Sabarimala shall report the said fact to the concerned Assistant Devaswom Commissioner, who shall report the same fact to the Devaswom Commissioner, so as to enable him to make substitute arrangements. (v) the staff in the Establishment Wing and Class-IV employees who fail to report for special duty during Mandala season or Makaravilakku season, other than on genuine medical grounds shall be proceeded against by initiating disciplinary proceedings and the Devaswom Commissioner shall forward a list of such staff/employees and also the outcome of such proceedings to the Special Commissioner, Sabarimala, without any delay, so as to enable the Special Commissioner to bring it to the notice of this Court by filing reports. With the above directions, this SSCR is disposed of.