K.N.Narayanan Namboothiri vs Travancore Devaswom Board - Tdb
2023 Latest Caselaw 6534 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
  TUESDAY, THE 13TH DAY OF JUNE 2023 / 23RD JYAISHTA, 1945
                    WP(C) NO. 19046 OF 2023
PETITIONER:

         K.N.NARAYANAN NAMBOOTHIRI
         AGED 56 YEARS, S/O LATE K.N.NEELAKANTAN
         NAMBOOTHIRI, KEEZH SANTHI, VADAVATHOOR DEVASWOM,
         (PRESENTLY UNDER ORDERS OF TRANSFER TO
         THIRUVARPPU DEVASWOM)
         RESIDING AT KIZHAKKANCHERI ILLAM,
         AYARKUNNAM P.O., KOTTAYAM, PIN - 686564

         BY ADV BINOY VASUDEVAN


RESPONDENTS:

    1    TRAVANCORE DEVASWOM BOARD - TDB
         REPRESENTED BY ITS SECRETARY,
         BOARD OFFICE, NANTHANCODE (PO)
         THIRUVANANTHAPURAM DISTRICT, PIN - 695011

    2    THE COMMISSIONER
         TRAVANCORE DEVASWOM BOARD, NANTHANCODE (PO),
         THIRUVANANTHAPURAM, PIN - 695011

    3    THE ASSISTANT DEVASWOM COMMISSIONER
         TRAVANCORE DEVASWOM BOARD,
         KOTTAYAM, PIN - 686001

    4    THE SUB GROUP OFFICER
         TRAVANCORE DEVASWOM BOARD,
         VADAVATHOOR (PO), KOTTAYAM, PIN - 686010
 WP(C) No.19046 of 2023

                            2


     5      THE SUB GROUP OFFICER
            TRAVANCORE DEVASWOM BOARD,
            THIRUVARUPPU SREE KRISHNA SWAMY TEMPLE,
            THIRUVARPPU P.O., KOTTAYAM, PIN - 686020


            G.BIJU- S.C


     THIS WRIT PETITION (CIVIL) HAVING COME UP         FOR
ADMISSION ON 13.06.2023, THE COURT ON THE SAME         DAY
DELIVERED THE FOLLOWING:
 WP(C) No.19046 of 2023

                               3




                            JUDGMENT

Dated this the 13th day of June, 2023

The petitioner, who is working as Keezhsanthi in

Vadavathur Temple under the Travancore Devaswom Board,

is aggrieved by the transfer imposed on him to Thiruvarppu

Temple.

2. The petitioner states that during the general

transfer, the petitioner opted for the post of Melsanthi

Vadavathur as the first option, Thazhathidam Temple as the

second option and as Vadavathur Keezhsanthi as the third

option. In the general transfer orders, however, the petitioner

was transferred to Thiruvarppu.

3. The petitioner states that he is having serious

health conditions and he cannot do rigorous work. It is in view

of the peculiar health issues of the petitioner that the petitioner

sought appointment as Melsanthi in Vadavathur Temple or at WP(C) No.19046 of 2023

least a posting in Thazhathidam Temple. The Thiruvarppu

Temple opens at 2.00 a.m., and if the petitioner attends duties

at 2.00 a.m. everyday, his health condition will undoubtedly

and irrecoverably deteriorate. It is in such circumstances that

the petitioner is before this Court.

4. I have heard the learned counsel for the petitioner

and the learned Standing Counsel representing the

respondents.

5. Taking into consideration the serious health issues

being faced by the petitioner, this Court is of the view that a

compassionate approach should be made in the matter of the

petitioner's posting.

6. The Standing Counsel fairly submitted that there is

a vacancy of Keezhsanthi in Parippu Devaswom and the

petitioner can be posted there in view of the grievances

projected in the writ petition. The counsel for the petitioner

submitted that the petitioner has no objection in working at

Parippu Devaswom.

WP(C) No.19046 of 2023

In the facts of the case, the writ petition is disposed of

directing the respondents to post the petitioner in Parippu

Devaswom. Till such posting orders are passed, the petitioner

shall be permitted to continue in the present station.

Sd/-

N.NAGARESH JUDGE spk WP(C) No.19046 of 2023

APPENDIX OF WP(C) 19046/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE CERTIFICATE DATED 19-

04-2023 ISSUED BY THE AFORESAID DOCTOR ANIE CYRIAC Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF THE SERVICE BOOK OF THE PETITIONER.

Exhibit P3 TRUE COPY OF ORDER NO.93 DATED 13-04-

2023 ISSUED BY THE 3RD RESPONDENT Exhibit P4 TRUE COPY OF THE MEMORANDUM OF APPEAL DATED 19-04-2023 PREFERRED BEFORE THE 2ND RESPONDENT