Vinoj Kumar.V vs Travancore Devaswom Board
2021 Latest Caselaw 5714 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

    WEDNESDAY, THE 17TH DAY OF FEBRUARY 2021 / 28TH MAGHA,1942

                       WP(C).No.4147 OF 2021(P)


PETITIONER:

               VINOJ KUMAR.V
               AGED 43 YEARS
               S/O VIJAYAN PILLAI G, KNRWA-73,
               MEDAMUKKU, MANACAUD P O, THIRUVANANTHAPURAM-695009,
               (NOW WORKING AS KAZHAKOM, VALIYASALA DEVASWOM,
               THIRUVANANTHAPURAM GROUP).

               BY ADVS.
               SRI.D.AJITHKUMAR
               SMT.HARSHA S. NAIR
               SMT.T.MANASY

RESPONDENTS:

      1        TRAVANCORE DEVASWOM BOARD
               REPRESENTED BY ITS SECRETARY, NATHANCODE,
               NANTHANCODE P O, THIRUVANANTHAPURAM-695003.

      2        SECRETARY
               TRAVANCORE DEVASWOM BOARD.
               NATHANCODE, NANTHANCODE P O,
               THIRUVANANTHAPURAM-695003.

      3        DEVASWOM COMMISSIONER
               TRAVANCORE DEVASWOM BOARD.
               NATHANCODE, NANTHANCODE P O,
               THIRUVANANTHAPURAM-695003.

               SRI.C.K. PAVITHRAN, SC TDB

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.4147 OF 2021

                                       2




                                JUDGMENT

Dated this the 17th day of February 2021

This writ petition is filed seeking the following relief :-

"i) To issue a writ of mandamus or other appropriate writ, order or direction directing the respondent Board to give posting on duty arrangement basis considering the Exhibit- P5 representation of the petitioner"

2. Heard the learned counsel for the petitioner and the learned

standing counsel appearing for the respondent-Board.

3. It is submitted by the learned counsel for the petitioner that the

petitioner has serious medical conditions which has not been

considered by the respondents. It is submitted that by Ext.P5

representation, the petitioner has pointed out his physical ailments

and has sought for an accommodation at the Head Office of the Board.

It is submitted that the said representation is liable to be considered

by the Board.

4. The learned standing counsel appearing for the respondents

submits that Ext.P5 representation is before the 2 nd respondent and

the same will be considered appropriately by the 2 nd respondent, WP(C).No.4147 OF 2021

taking note of the contentions advanced by the petitioner as well.

5. In the above view of the matter, there will be a direction to the

2nd respondent to take up, consider and pass orders on Ext.P5

representation preferred by the petitioner within a period of one

month from the date of receipt of a copy of this judgment. The

medical certificates produced by the petitioner shall also be

considered while passing orders as directed above. A copy of the writ

petition along with a copy of this judgment shall be forwarded by the

petitioner to the 2nd respondent for compliance.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C).No.4147 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE STANDING DISABILITY ASSESSMENT BOARD CERTIFICATE FROM THE GENERAL HOSPITAL, THIRUVANANTHAPURAM DATED 19/08/2011.

EXHIBIT P2 TRUE COPY OF THE SCAN REPORT DATED 14.03.2008 REGARDING THE PHYSICAL DISABILITY OF THE PETITIONER ISSUED FROM DEVI SCANS.

EXHIBIT P3 TRUE COPY OF THE TREATMENT CERTIFICATE DATED 20.12.2019 ISSUED TO PETITIONER FROM MEDICAL COLLEGE HOSPITAL, THIRUVANANTHAPURAM.

EXHIBIT P4 TRUE COPY OF THE ROC NO. 6370/08/MIS.C/ESTA DATED 25/08/2008 ISSUED BY 3RD RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE REQUEST DATED 14.12.2020 SENT BY PETITIONER TO THE 2ND RESPONDENT.

RESPONDENT'S/S EXHIBITS: NIL