IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 18659 of 2009(B)
1. JAYAKUMAR.S., S/O.SREEKANTAN NAIR,
... Petitioner
Vs
1. TRAVANCORE DEVASWOM BOARD,
... Respondent
2. ASSISTANT DEVASWOM COMMISSIONER,
For Petitioner :SRI.RAJESH VIJAYAN
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :09/07/2009
O R D E R
P.N.RAVINDRAN, J.
-----------------------------
W.P(C) No. 18659 of 2009-B
------------------------------
Dated this the 9th day of July, 2009.
J U D G M E N T
Heard Sri.Rajesh Vijayan, the learned counsel appearing for the
petitioner and Sri.P.Gopal, the learned standing counsel appearing for the
Travancore Devaswom Board.
2. The petitioner who belongs to Thiruvananthapuram District
was posted as Watcher at Pinmattom Devaswom three years back. He is
residing at Vattiyoorkavu, which is about 20 Kms away from Pinmattom
Devaswom Temple. By Ext.P1 order passed on 11.6.2009, the Assistant
Devaswom Commissioner transferred and posted the petitioner at
Arayikkad Devaswom which is about 60 Kms away from his place of
residence. In this writ petition, the petitioner challenges Ext.P1 order of
transfer mainly on the ground that he was not given the chance to opt the
stations to which he seeks transfer.
3. The learned standing counsel appearing for the Travancore
Devaswom Board submits that petitioner did not submit any option and
therefore he was transferred to Arayikkad Temple by Ext.P1 order of
transfer issued by the Assistant Devaswom Commissioner applying the
guidelines governing transfer and posting of Devaswom employees.
Ext.P1 discloses that no substitute has been appointed in the petitioner’s
W.P(C) No. 18659 of 2009-B 2
place. As per the guidelines governing transfer and posting of
Devaswom employees, an appeal lies to the Devaswom Commissioner
from the order of transfer. Though the petitioner has filed Ext.P3
representation before the Devaswom Commissioner, it does not set out
any reason justifying the petitioner’s request to cancel his transfer. In my
opinion, the petitioner ought to have moved the Devaswom
Commissioner by filing an appeal challenging Ext.P1.
I accordingly dispose of this writ petition with the direction that in
the event of the petitioner filing an appeal before the Devaswom
Commissioner within two weeks from the date of receipt of a certified
copy of this judgment, the Devaswom Commissioner shall consider the
same and pass orders thereon within three weeks thereafter, after
affording the petitioner a reasonable opportunity of being heard. Since
no substitute has been appointed in the petitioner’s place at Pinmattom
Devaswom, I also direct that till orders are passed by the Devaswom
Commissioner on the appeal to be filed by the petitioner, the petitioner
shall be retained at Pinmattom Devaswom.
The writ petition is disposed of as above. No costs.
Sd/-
P.N.RAVINDRAN
JUDGE
//True Copy//
ab PA to Judge