Rengith.B.G vs Travancore Devaswom Board
2021 Latest Caselaw 13357 Ker

WP(C) NO.11566 OF 2021

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                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                     PRESENT
                 THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
          MONDAY, THE 28TH DAY OF JUNE 2021 / 7TH ASHADHA, 1943
                          WP(C) NO. 11566 OF 2021
PETITIONER:

              RENGITH.B.G
              AGED 38 YEARS
              S/O.K.R.BHUVANENDRAN, TC 16/1061, K.R.BHAVAN, K.R.NAGAR,
              JAGATHY, THYCAUD P.O., THIRUVANANTHAPURAM-695 014,
              (NOW WORKING AS WATCHER, KELESWARAM DEVASWOM,
              NEYYATTINKARA GROUP).

              BY ADVS.
              D.AJITHKUMAR
              HARSHA S. NAIR


RESPONDENTS:

     1        TRAVANCORE DEVASWOM BOARD
              NATHANCODE P.O., THIRUVANANTHAPURAM-695 003,
              REPRESENTED BY ITS SECRETARY.

     2        SECRETARY,
              TRAVANCORE DEVASWOM BOARD, NATHANCODE P.O.,
              THIRUVANANTHAPURAM-695 003.

     3        DEVASWOM COMMISSIONER,
              TRAVANCORE DEVASWOM BOARD, NATHANCODE P.O.,
              THIRUVANANTHAPURAM-695 003.

     4        SUB GROUP OFFICER,
              VENGANOOR SUB GROUP, NEYYATTINKARA GROUP, TRAVANCORE
              DEVASWOM BOARD, THIRUVANANTHAPURAM-695 042.

              BY ADV C.K.PAVITHRAN


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.06.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.11566 OF 2021

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                                    JUDGMENT

This writ petition is filed seeking the following prayer:

"(i) To issue a writ of mandamus or other appropriate writ, order or direction directing the 3rd respondent to consider the Exhibit-P9 application of the petitioner as per the Exhibit-P7 general transfer norms 2021 and to pass transfer order"

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

counsel appearing for the Devaswom Board.

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

petitioner had been suspended from service on 03.02.2021 and disciplinary

proceedings were initiated against him. While so, Ext.P7 circular was issued

calling for applications for general transfer. The petitioner could not submit

an application in time because he was under orders of suspension. The

petitioner was reinstated in service by Ext.P6 proceedings dated 26.04.2021

and Ext.P8 proceedings, posting him in the Neyyattinkara Group, were issued

on 06.05.2021. Thereafter, petitioner submitted Ext.P9 application for general

transfer. Ext.P10 request was also made by the petitioner seeking a transfer

to the vacant post in Kamaleswaram Devaswom, Ramaswamy Devaswom or

Karakandeswaram Devaswom in the Trivandrum Group. The petitioner seeks

a consideration of the application made by him. WP(C) NO.11566 OF 2021

4. A statement has been placed on record by the 1 st respondent. It is stated

that the request of the petitioner for reinstatement had been considered

positively by the respondents and he had been reinstated in service on

06.05.2021. It is submitted that Ext.P7 circular prescribes the norms for

general transfer for the year 2021 and the applications ought to have been

filed on or before 10.03.2021. It is submitted that Ext.P9 application was

submitted by the petitioner only on 25.05.2021 and that request for extension

of time for making applications for general transfer cannot be entertained.

5. It is further stated that the petitioner has been reinstated provisionally

as per Ext.P5 and P8 subject to final decision in the disciplinary proceedings.

It is stated that even in Ext.P7, it is provided that a person who has been

transferred on a complaint cannot be considered in the general transfer.

However, it is submitted by the learned standing counsel that the further

request made by the petitioner by Ext.P10 can be considered by the

appropriate authority in the Board independently without reference to the

general transfer.

6. There will, accordingly, be a direction to the 3 rd respondent to consider

Ext.P10 request made by the petitioner for posting to the vacancies pointed

out by him. Orders shall be passed within a period of one month from the

date of receipt of a copy of this judgment. WP(C) NO.11566 OF 2021

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO.11566 OF 2021

APPENDIX OF WP(C) 11566/2021

PETITIONER'S/S EXHIBITS:

Exhibit P1 TRUE COPY OF THE REPORT DATED 03.02.2021 OF THE ASSISTANT DEVASWOM COMMISSIONER

Exhibit P2 TRUE COPY OF THE SUSPENSION ORDER DATED 03.02.2021 ISSUED BY DEPUTY DEVASWOM COMMISSIONER.

Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED 18.02.2021 SUBMITTED BY PETITIONER BEFORE THE 3RD RESPONDENT.

Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 05.03.2021 IN WPC NO.3336/2021 OF THIS HONBLE COURT.

Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 09.04.2021 IN WPC NO.9551/2021 OF THIS HONBLE COURT.

Exhibit P6 TRUE COPY OF THE ORDER DATED 26.04.2021 ISSUED BY THE 1ST RESPONDENT BOARD.

Exhibit P7 TRUE COPY OF THE CIRCULAR ROC NO.46/2021/S DATED 18.02.2021 CALLING APPLICATIONS FROM THE TEMPLE EMPLOYEES FOR THE GENERAL TRANSFER 2021 ISSUED BY THE 1ST RESPONDENT BOARD.

Exhibit P8 TRUE COPY OF THE ORDER DATED 06.05.2021 ISSUED BY THE 3RD RESPONDENT.

Exhibit P9 TRUE COPY OF THE APPLICATION DATED 25.05.2021 FOR GENERAL TRANSFER 2021 THROUGH PROPER CHANNEL IN THE PRESCRIBED FORMAT AS IN EXHIBIT P7 CIRCULAR.

Exhibit P10 TRUE COPY OF THE REPRESENTATION DATED 25.05.2021 SUBMITTED BY PETITIONER TO THE 3RD RESPONDENT.

RESPONDENT'S/S EXHIBITS: NIL