Silpa Chandran vs Travancore Devaswom Board
2022 Latest Caselaw 8510 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
                        WP(C) NO. 21402 OF 2022
PETITIONER:

          SILPA CHANDRAN
          AGED 43 YEARS
          D/O K.P.G. CHANDRAN, SABAREESWOM, KUZHIMATHICADU.P.O.,
          KUNDARA, KOLLAM-691509. (WORKING AS ASSISTANT AUDIT
          OFFICER, FINANCE AND ACCOUNTS OFFICE, NANTHANCODE,
          TRAVANCORE DEVASWOM BOARD).
          BY ADVS.
          D.AJITHKUMAR
          HARSHA S. NAIR
          T.MANASY
RESPONDENTS:

    1     TRAVANCORE DEVASWOM BOARD
          REPRESENTED BY ITS SECRETARY, DEVASWOM HEAD QUARTERS,
          NANTHANCODE, THIRUVANANTHAPURAM - 695003.
    2     SECRETARY,
          TRAVANCORE DEVASWOM BOARD, DEVASWOM HEAD QUARTERS,
          NANTHANCODE, THIRUVANANTHAPURAM - 695003.
    3     DEVASWOM COMMISSIONER,
          TRAVANCORE DEVASWOM BOARD, DEVASWOM HEAD QUARTERS,
          NANTHANCODE, THIRUVANANTHAPURAM - 695003.
    4     S.RAJMOHAN,
          ASSISTANT DEVASWOM COMMISSIONER, VARKALA GROUP,
          TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM-695141.
    5     M.V. UNNIKRISHNAN NAIR,
          ASSISTANT AUDIT OFFICER, OFFICE OF THE FINANCE
          COMMISSIONER, TRAVANCORE DEVASWOM BOARD, NANTHANCODE,
          THIRUVANANTHAPURAM - 695003.
    6     PRAJITHKUMAR.S.P.
          ADMINISTRATIVE OFFICER, THIRUVALLOM DEVASWOM,
          TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM - 695027.
          SRI.G.BIJU, SC
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 21402 OF 2022

                                        2




                                JUDGMENT

Dated this the 6th day of July, 2022

This writ petition is filed seeking the following prayers:

"(i) To issue a writ of certiorari or other appropriate writ order or direction to call for entire records leading to Exhibit P12 and quash the same to the extent of transfer of the petitioner.

(ii) To issue a writ of mandamus or other appropriate writ order or direction directing the 1st respondent to consider and pass orders on Exhibit P14 review petition of the petitioner forthwith"

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

standing counsel appearing for the Travancore Devaswom Board.

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

petitioner had submitted Ext.P11 application for general transfer. But

without considering the same, Ext.P12 order has been passed

transferring her from Thiruvananthapuram to Varkala. It is submitted

that on the basis of the transfer norms, the petitioner has preferred

Ext.P14 review petition before the 1st respondent-Board and seeks a

consideration of the same.

4. The learned standing counsel for the Travancore Devaswom WP(C) NO. 21402 OF 2022

Board submits that Ext.P14 can be considered, at the earliest, at any

rate, within two weeks. It is further submitted that there are other

review petitions submitted against Ext.P12 order of transfer and that all

the review petitions are being considered by the Board and appropriate

orders will be passed within two weeks.

5. Having heard the learned counsel on either side, I am of the

opinion that the complaints raised by the petitioner against Ext.P12

order are to be considered by the 1 st respondent. There will,

accordingly, be a direction to the 1 st respondent to take up Ext.P14

review petition preferred by the petitioner and to consider and pass

orders on the same, at the earliest, at any rate, within a period of two

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

petitioner shall produce a copy of the writ petition along with a copy of

this judgment before the 1st respondent for compliance.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 21402 OF 2022

APPENDIX OF WP(C) 21402/2022

PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER VIDE ROC.NO. 5600/21/ EST-I DATED 24.12.2021.

Exhibit P2 TRUE COPY OF THE ORDER VIDE ROC.NO.5600/21/ EST-I DATED 19.08.21.

Exhibit P3 TRUE COPY OF THE ORDER VIDE ROC.NO. 5600/21/ EST-I DATED 24.08.21.

Exhibit P4 TRUE COPY OF THE MEDICAL CERTIFICATE DATED 19.11.2020 ISSUED TO PETITIONER FROM KIMS HEALTH.

Exhibit P5 TRUE COPY OF THE ORDER VIDE ROC.NO.17008/20/ EST-A DATED 06.11.2020.

Exhibit P6 TRUE COPY OF THE REPRESENTATION DATED 01.10.2021 SUBMITTED BY PETITIONER TO THE 1ST RESPONDENT.

Exhibit P7 TRUE COPY OF THE REPRESENTATION DATED 21.12.2021 SUBMITTED BY PETITIONER TO THE 1ST RESPONDENT BOARD.

Exhibit P8 TRUE COPY OF THE ORDER VIDE ROC.NO.727/22/ EST-I DATED 25.02.2022.

Exhibit P9 TRUE COPY OF THE CIRCULAR DATED 02.03.2022 ISSUED BY 3RD RESPONDENT.

Exhibit P10 TRUE COPY OF THE REPRESENTATION DATED 18.03.2022 SUBMITTED BY PETITIONER TO THE 3RD RESPONDENT.

Exhibit P11 TRUE COPY OF THE APPLICATION FOR GENERAL TRANSFER SUBMITTED BY PETITIONER DATED 29.03.2022 PREFERRING TRANSFER EITHER TO THIRUVALLAM GROUP OR DEVASWOM ACCOUNTS OFFICE OR FINANCE AND COMMISSIONER'S OFFICE. Exhibit P12 TRUE COPY OF THE ORDER VIDE ROC.NO. 5600/ 22/EST-I DATED 02.06.2022.

Exhibit P13 TRUE COPY OF THE ORDER DATED 21.06.2022 ISSUED BY 3RD RESPONDENT.

Exhibit P14 TRUE COPY OF THE REVIEW PETITION DATED 04.06.2022 SUBMITTED BY PETITIONER BEFORE THE 1ST RESPONDENT BOARD. -

Exhibit P15 TRUE COPY OF THE CIRCULAR DATED 27.06.2022 ISSUED BY 3RD RESPONDENT.

RESPONDENTS' EXHIBITS: NIL