Sabarimala Special Duty Employees v. Travancore Devaswom Board
2025-03-28
ANIL K.NARENDRAN, MURALEE KRISHNA S.
body2025
DigiLaw.ai
ORDER : Anil K. Narendran, J. This DBP is registered based on Report No.13 of 2025 of the learned Ombudsman in Complaint No.18 of 2025 made by Sabarimala Special Duty Employees. The said report of the learned Ombudsman reads thus; “The grievance of the complainant in this case is that there was no guidelines provided for posting employees at Nilakkal during festival season. Particular employees alone were given preference for such postings. If all the employees are posted at different places in Sabarimala so that they may be able to get allowance as in the case of other employees. Some guidelines will have to be framed for this purpose for which they approached the Ombudsman. Devaswom Commissioner has filed report dated 18.02.2025 denying the allegations. However, on enquiry it was revealed from the Liaison Officer that in respect of complaints from Sabarimala, there is already a matter pending before the Honourable High Court as DBP No.116 of 2024 and the Ombudsman feels that it is proper to refer this matter also to the Honourable High Court to be considered along with DBP No.116 of 2024. Necessary directions, if any, required can be issued on the judicial side by the Honourable High Court. Copy of the complaint is produced as Annexure 01 and the report of the Devaswom Commissioner is produced as Annexure 02.” 2. Heard the learned Standing Counsel for Travancore Devaswom Board for respondents 1 and 2, the learned Senior Government Pleader and also learned Amicus Curiae for the learned Ombudsman. 3. 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. 4. Chapter II of the Act deals with 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.
Sabarimala Devaswom is an incorporated Devaswom mentioned in Schedule I of the Act, under Chengannur Group, Pathanamthitta Taluk. 4. Chapter II of the Act deals with 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 sub-section (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. 5. 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. 6. 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. 7. Section 24 of the Act deals with maintenance of Devaswoms, etc., out of Devaswom Fund. Section 27 of the Act deals with Devaswom properties.
7. 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. 8. To deal with multiple complaints in respect of Sabarimala Devaswom during Maasapoojas, till the commencement of next Mandala-Makaravilakku festival season of 1201ME (2025-26), proceedings are pending before this Court in SSCR No.8 of 2025 filed by the Special Commissioner, Sabarimala. 9. The issue raised in Complaint No.18 of 2025 made before the learned Ombudsman by ‘Sabarimala Special Duty Employees’ is regarding deployment of Devaswom staff on special duty during Mandala-Makaravilakku festival seasons. The said issue was the subject matter in SSCR No.2 of 2022 filed by the Special Commissioner, Sabarimala, which has already been disposed of by the order dated 16.02.2022 - Suo motu v. Travancore Devaswom Board and others [ 2022 (3) KLT 384 ] . Paragraphs 11 to 13 of that order read thus; 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. 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.
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. 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.
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. 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 1 st of Vrischikam (in the middle of November), we deem it appropriate to issue the following directions; (i) the 3 rd 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.’ 10.
When the deployment of Devaswom employees on special duty at Sabarimala during Mandala-Makaravilakku festival seasons is governed by the directions contained in paragraph 13 of the order dated 16.02.2022 in Suo motu v. Travancore Devaswom Board and others [ 2022 (3) KLT 384 ] , the Devaswom employees cannot approach the learned Ombudsman with a complaint alleging lack of guidelines for posting the employees on special duty at Sabarimala. In case the employees have grievance regarding the deployment of Devaswom employees on special duty at Sabarimala during Mandala-Makaravilakku festival seasons or Maasapoojas or in the preparation of the list of employees for special duty, they should approach this Court, invoking the writ jurisdiction under Article 226 of the Constitution of India, seeking appropriate directions. 11. The learned Standing Counsel for Travancore Devaswom Board would submit that the deployment of Devaswom employees on special duty at Sabarimala during Mandala-Makaravilakku festival seasons is made by the Board strictly in terms of the directions contained in paragraph 13 of the order of this Court dated 16.02.2022 in Suo motu v. Travancore Devaswom Board and others [ 2022 (3) KLT 384 ] 12. In such circumstances, this DBP is disposed of recording the aforesaid submission made by the learned Standing Counsel for Travancore Devaswom Board. Registry to issue a copy of this order to the Special Commissioner, Sabarimala, through the learned Amicus Curiae.