IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 25502 of 2009(G)
1. N.SANKARAN POTTI, S/O.P.S.NARAYANAN
... Petitioner
Vs
1. TRAVANCORE DEVASWOM BOARD
... Respondent
2. DEVASWOM COMMISSIONER,
3. ASSISTANT DEVASWOM COMMISSIONER,
4. S.KRISHNAN POTTI, SANTHI,
5. NARAYANA BHATTATHIRI, MELSANTHI,
6. G.NARAYANAN NAMBOOTHIRI,
For Petitioner :SRI.V.VENUGOPALAN NAIR
For Respondent :SRI.P.G.PARAMESWARA PANICKER (SR.)
The Hon'ble MR. Justice V.GIRI
Dated :14/10/2009
O R D E R
V.GIRI, J.
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W.P.(C). No. 25502 OF 2009
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Dated this the 14th day of October 2009.
JUDGMENT
Petitioner is a Mel Santhi in the Travancore Devaswom
Board. While working at Thrikkannamangalam Devaswom, he
submitted three options for the general transfer of 2009, namely,
Pattazhi Thekke Nada, Pattazhi Vadakke Nada and
Kulasekharanalloor Devaswom. He was given a posting at
Pattazhi Thekke Nada by Ext.P1 and it seems that though there
were appeals from the orders of transfer, there was no change in
so far as the posting of the petitioner is concerned as evidenced
by Ext.P2. Petitioner joined at Pattazhi Thekke Nada on
13.07.2009. It seems that the Deputy Devaswom Commissioner
had thereafter issued Ext.P4 taking note of the fact that the
petitioner had earlier served at Pattazhi Thekke Nada for three
years. He required the Assistant Commissioner to give the
petitioner a posting elsewhere. Petitioner requested for a
posting at Kulasekharanalloor. But as evidenced by Ext.R3(a),
the 6th respondent was given a posting at Kulasekharanalloor and
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petitioner was given a posting back at Thrikkannamangalam.
This has been challenged in this writ petition.
2. Counter affidavit has been filed by the Devaswom Board
and also the contesting respondents.
3. The fact that the petitioner has already served as a Mel
Santhi at Pattazhi Thekke Nada for a period of three years was
apparently not taken into account when he was given a posting
at the same place as per Ext.P1. Then the question is, whether
the three options submitted by the petitioner could have been
accepted.
4. I am of the view that, it is appropriate that the case of
the petitioner and respondents 4 to 6 may be considered again
by the Commissioner. Accordingly, if the petitioner files a
representation before the Devaswom Commissioner within three
weeks from today, the Commissioner shall consider the posting
of the petitioner and also respondents 4 to 6, afresh, after
hearing all of them. Learned Counsel for the Board submits that
there are 13 applicants for Kulasekharanalloor Devaswom. The
Commissioner shall consider the claims of such persons also in
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the matter of a posting at Kulasekharanalloor.
5. The transfers as currently ordered shall be given effect
to, subject to fresh orders to be passed by the Commissioner in
the manner aforementioned. The Commissioner shall pass fresh
orders as directed above, within two months from the date of
receipt of a representation and a copy of the judgment.
Writ petition is disposed of as above.
(V.GIRI)
JUDGE
kkms/