IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 1390 of 2010()
1. JAYAKUMAR.S. S/O. GOVINDA PILLAI,
... Petitioner
Vs
1. THE TRAVANCORE DEVASWOM BOARD/CHIEF
... Respondent
2. THE DEVASWOM COMMISSIONER TRAVANCORE
3. THE ASSISTANT DEVASWOM COMMISSIONER,
4. K.KUMARAN NAIR, ASSISTANT DEVASWOM
For Petitioner :SRI.S.SUBHASH CHAND
For Respondent : No Appearance
The Hon'ble the Chief Justice MR.J.CHELAMESWAR
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :19/08/2010
O R D E R
J.Chelameswar, C.J. & P.N.Ravindran, J.
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W.A. No.1390 of 2010
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Dated this the 19th day of August, 2010
JUDGMENT
Ravindran, J.
The appellant is the petitioner in W.P.(C) No.20423 of
2010. The writ petition was filed challenging Ext.P9 order
transferring the appellant who was then working as Administrative
Officer, Chengannur Devaswom and posting him as Assistant
Devaswom Commissioner at Thiruvalla. By the judgment under
challenge, the learned single Judge held that no grounds exist to
interfere with the order of transfer. Hence this writ appeal.
2. We heard Sri.S.Subhash Chand, the learned counsel
appearing for the appellant. We have also gone through the
pleadings and the materials on record. The learned counsel for the
appellant contended that though the transfer is from Chengannur to
Thiruvalla which is within a distance of less than 15 Kilometres, the
appellant being a cardiac patient will be put to serious prejudice if
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he is compelled to work as Assistant Devaswom Commissioner
at Thiruvalla as Assistant Commissioners are required to travel
frequently. In our opinion, these are all matters which the
appellant has to bring to the notice of the transferring authority.
The pleadings disclose that requesting for a posting at
Chengannur atleast during the next year the appellant has filed a
representation before the Travancore Devaswom Board. In view
of the fact that the appellant has been transferred from
Chengannur to Thiruvalla which is within a distance of 15
Kilometres from the appellant’s place of residence we are not
inclined to accept the contention of the appellant that the
transfer will cause serious prejudice to him.
3. In such circumstances, we find no grounds to
entertain this writ appeal. The writ appeal is accordingly
dismissed. We make it clear that any observation made in this
judgment or in the judgment of the learned single Judge will not
stand in the way of the Travancore Devaswom Board
W.A. No.1390 of 2010
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considering the request, if any, made by the appellant for a
posting at Chengannur during the next year.
J.Chelameswar,
Chief Justice
P.N.Ravindran,
Judge
vns