High Court Kerala High Court

Vedavyasan V.B. vs State Of Kerala on 28 July, 2009

Kerala High Court
Vedavyasan V.B. vs State Of Kerala on 28 July, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 19697 of 2009(F)


1. VEDAVYASAN V.B., VALIYAVEEDU,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REP. BY SECRETARY TO
                       ...       Respondent

2. THE GURUVAYUR DEVASWOM MANAGING

3. THE ADMINISTRATOR,

4. THE DEPUTY ADMINISTRATOR,

5. K.V.PRAKASAN, PASHUPALAKAN,

6. T.K.SURESH, PASHUPALAKAN,

7. ASOKAN, PASHUPALAKAN,

8. UNNI NARAYANAN, PASHUPALAKAN,

                For Petitioner  :SRI.V.M.KURIAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

 Dated :28/07/2009

 O R D E R
                 T.R. RAMACHANDRAN NAIR, J.
               ---------------------------------------
                  W.P.(C) No.19697 OF 2009
               ---------------------------------------
             Dated this the 28th day of July, 2009.


                         J U D G M E N T

The petitioner herein is aggrieved by the order by which he

is transferred from Kaveedu Gokulam to Vengad Gokulam. The

petitioner is presently working as Pashupalakan in the Kaveedu

Gokulam under the Guruvayoor Devaswom Board. He entered

service as Pashupalakan in the Vengad Gokulam, Valanchery,

Malappuram District on 03.05.2001 as per Exhibit P1 order dated

21.04.2001. His probation was declared.

2. It is averred that the petitioner suffered serious injuries

while working in the Vengad Gokulam and after a long period of

treatment, he continued with his duties in the said Gokulam. The

petitioner was sanctioned disability leave by Exhibit P3 when an

injury was caused to his spinal cord due to a fall at the

workplace. It is in this circumstance he submitted a

representation seeking for a transfer to Guruvayoor Gokulam on

medical ground and accordingly, he was transferred to

W.P.(C) No.19697/2009 2

Guruvayoor Gokulam in the year 2007, and he was continuing as

such. The petitioner was transferred and posted to the newly

opened Kaveed Gokulam in September 2007. The petitioner was

advised by the doctor to avoid heavy exertion and climbing stairs

etc. Exhibit P5 is the order by which the petitioner is now

transferred to Vengad Gokulam. Deeply aggrieved by the said

order of transfer, the petitioner has filed this writ petition.

3. Heard the learned standing counsel for the Guruvayur

Devaswom. It is submitted that if the petitioner files an

appropriate representation before the Guruvayur Devaswom

Managing Committee, the same will be considered on merits.

Therefore, this writ petition is disposed of in the following

manner:

The petitioner will file a representation before the

2nd respondent within a period of one week from today and the

2nd respondent will consider the same and pass appropriate

orders within a period of one month from the date of receipt of a

copy of the representation. Exhibit P5 will not be enforced

against the petitioner in the meanwhile and he will be allowed to

W.P.(C) No.19697/2009 3

continue in the present station. The medical grounds raised by

the petitioner will also be considered by the 2nd respondent.

T.R. RAMACHANDRAN NAIR
JUDGE

smp