R.Suresh Kumar vs Travancore Devaswom Board
2023 Latest Caselaw 8405 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                        PRESENT
          THE HONOURABLE MR.JUSTICE N.NAGARESH
 MONDAY, THE 7TH DAY OF AUGUST 2023 / 16TH SRAVANA, 1945
                WP(C) NO. 18590 OF 2023
PETITIONER:

         R.SURESH KUMAR
         AGED 55 YEARS
         S/O RAMACHANDRA MARAR, SOPANAM VEEDU,
         EDANADU.P.O., PALA, KOTTAYAM,
         (WORKING AS 'SAMBADHI', SASTHAMKOTTA DEVASWOM,
         SASTHAMKOTTA SUB GROUP, ETTUMANOOR GROUP),
         PIN - 686 574.

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

RESPONDENTS:

    1    TRAVANCORE DEVASWOM BOARD
         REPRESENTED BY ITS SECRETARY, TRAVANCORE
         DEVASWOM HEAD QUARTERS, NANTHANCODE,
         KOWDIAR POST, THIRUVANANTHAPURAM,
         PIN - 695 003.

    2    SECRETARY
         TRAVANCORE DEVASWOM BOARD, TRAVANCORE DEVASWOM
         HEAD QUARTERS, NANTHANCODE, KOWDIAR POST,
         THIRUVANANTHAPURAM, PIN - 695 003.

    3    DEVASWOM COMMISSIONER
         TRAVANCORE DEVASWOM BOARD, TRAVANCORE DEVASWOM
         HEAD QUARTERS, NANTHANCODE, KOWDIAR POST,
         THIRUVANANTHAPURAM, PIN - 695 003.

    4    ASSISTANT DEVASWOM COMMISSIONER
         OFFICE OF THE ASSISTANT DEVASWOM COMMISSIONER,
         TRAVANCORE DEVASWOM BOARD, ETTUMANOORGROUP,
         ETTUMANOOR, KOTTAYAM, PIN - 686 562.
 W.P.(C) No.18590 of 2023
                                 :2:


     5       M.P.ARUN
             'SAMBADHI' KAALIKAVU DEVASWOM, ETTUMANOOR GROUP,
             TRAVANCORE DEVASWOM BOARD, ETTUMANOOR,
             KOTTAYAM DISTRICT, PIN - 686 633.

             BY ADVS.
                  BHARATH MURALI
                  N.SREEJITH (MAKALIYAM)(K/715/2011)
                  G.BIJU-STANDING COUNSEL
                  C.K.PAVITHRAN-STANDING COUNSEL


      THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION     ON   07.08.2023,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.18590 of 2023
                                :3:



                           JUDGMENT

Dated this the 7th day of August, 2023

The petitioner, who was working as Sambandhi in

Sasthamkotta Devaswom in Ettumanoor Group, filed the writ

petition seeking to quash Ext.P4 and to direct respondents

1 and 4 to transfer the petitioner to Ettumanoor Devaswom in

Ettumanoor Group.

2. The petitioner stated that while he was working as

'Sambandhi' in Sasthamkotta Devaswom under the

Ettumanoor Group, the petitioner opted for transfer to

Ettumanoor Devaswom. The petitioner has only nine months

time to retire from service. As per the extant orders, the

petitioner is entitled to be transferred to his native place.

3. However, when Ext.P2 transfer order was issued on

17.04.2023, the petitioner was transferred from Sasthamkotta

to Lalam Devaswom. Aggrieved by Ext.P2 transfer order, the

petitioner submitted Ext.P3 appeal before the 3 rd respondent-

Devaswom Commissioner. While the appeal was pending, W.P.(C) No.18590 of 2023

Ext.P4 order was passed again, transferring the petitioner to

Lalam Devaswom itself, as per Ext.P4.

4. The petitioner thereafter filed Ext.P7 appeal before

the Devaswom Board on 03.06.2023. As no steps were taken

to redress the grievance of the petitioner, the petitioner

approached this Court.

5. The petitioner states that this Court passed an

interim order of status quo on 08.06.2023. The petitioner was

in Sasthamkotta. He was not allowed to join duty in

Sasthamkotta Devaswom. The petitioner was on leave from

01.06.2023 to 10.06.2023. In the meanwhile, without relieving

the petitioner, one K.S.Pradeep Kumar was permitted to join in

Sasthamkotta on 03.06.2023.

6. Standing Counsel entered appearance for

respondents 1 to 4 and resisted the writ petition. The Standing

Counsel submitted that transfers were ordered as per Ext.P2

in the course of general transfer. The Devaswom Board

considered options of the candidates and has ordered

transfers following the guidelines applicable to the employees. W.P.(C) No.18590 of 2023

7. The petitioner's native place is Edanadu P.O. The

petitioner having less than one year service to retire, as per

the guidelines, the petitioner has to be accommodated at a

nearest station from his native place. As the petitioner is in

Edanadu, he was posted at Lalam. Lalam is the nearest

station. As the petitioner was on leave from 01.06.2023 to

10.06.2023, the relieving letter was sent by post, as the

attempt of the respondents to relieve the petitioner was

evaded by the petitioner. The petitioner has no subsisting legal

grievance, contended the respondents.

8. Counsel entered appearance on behalf of the

5th respondent. The 5th respondent submitted that the petitioner

has been given a posting near to the petitioner's native place.

The petitioner has a superior right to be appointed in

Ettumanoor Devaswom. The writ petition is without merit and it

is liable to be dismissed, contended the counsel for the

5th respondent.

9. I have heard the learned Counsel for the petitioner,

the learned Standing Counsel representing the Travancore W.P.(C) No.18590 of 2023

Devaswom Board and the learned Counsel appearing for the

5th respondent.

10. The petitioner was working as 'Sambandhi' in

Sasthamkotta Devaswom in Ettumanoor Group. During the

General Transfers, the petitioner opted for Ettumanoor

Devaswom. The case of the petitioner is that he has only nine

months to retire and therefore he has to be accommodated

near to his native place. The petitioner therefore opted for

Ettumanoor Devaswom. Instead of posting the petitioner in

Ettumanoor Devaswom, he was transferred and posted at

Lalam.

11. After going through the pleadings of the case and

the averments made in the writ petition and the statements, I

find that the petitioner is a native of Edanadu and the Lalam is

one of the closest Devaswoms from Edanadu where the

petitioner is residing.

12. The Standing Counsel would submit that the

distance between the petitioner's residence and Edanadu is 7

Kilometers whereas the distance to Ettumanoor Devaswom is W.P.(C) No.18590 of 2023

18 Kilometers.

13. Counsel for the petitioner would dispute the same

and would submit that he is presently residing closer to

Ettumanoor Devaswom in Kattachira P.O, Ettumanoor Village.

14. I find that the respondents have decided the matter

taking into account the address of the petitioner as maintained

in the service records of the petitioner. Therefore, I do not find

any illegality or irregularity in the action of the respondents.

Writ petition is devoid of merits and it is therefore

dismissed. The petitioner will be at liberty to join Lalam

Devaswom as ordered in Ext.P2. If the petitioner joins Lalam

Devaswom within 48 hours, the absence of the petitioner in

duties due to the pendency of this writ petition shall not be

treated as break in service.

Sd/-

N. NAGARESH AMR JUDGE W.P.(C) No.18590 of 2023

APPENDIX OF WP(C) 18590/2023

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE APPLICATION DATED 22.2.2023 SUBMITTED BY PETITIONER.

Exhibit P2 TRUE COPY OF THE RELEVANT PAGE OF ORDER NO.714 DATED 17.4.2023 ISSUED BY THE 4TH RESPONDENT.

Exhibit P3 TRUE COPY OF THE APPEAL DATED 20.4.2023 SUBMITTED BY PETITIONER BEFORE THE 3RD RESPONDENT.

Exhibit P4 TRUE COPY OF OFFICE ORDER NO.1015 DATED 2.6.2023 OF THE 4TH RESPONDENT.

Exhibit P5 TRUE COPY OF THE TRANSFER NORMS ISSUED BY THE 2ND RESPONDENT VIDE R.O.C.

NO.1527/22/MIS.I DATED 05.03.2022.

Exhibit P6 TRUE COPY OF THE CIRCULAR OF THE 3RD RESPONDENT NO. R.O.C. 1461/23/S DATED 05.06.2023.

Exhibit P7 TRUE COPY OF THE REPRESENTATION DATED 3.6.2023 SUBMITTED BY PETITIONER BEFORE THE 1ST RESPONDENT BOARD ALONG WITH POSTAL RECEIPT DATED 3.6.2023.