Sureshkumar.K.M vs Cochin Devaswom Board
2023 Latest Caselaw 6693 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
               THE HONOURABLE MR.JUSTICE N.NAGARESH
  TUESDAY, THE 20TH DAY OF JUNE 2023 / 30TH JYAISHTA, 1945
                     WP(C) NO. 19896 OF 2023
PETITIONER:

          SURESHKUMAR.K.M.
          AGED 50 YEARS
          S/O.DAMODARAN NAMBOODIRI,
          'SANTHI', SREEKANDAPURAM VISHNU TEMPLE,
          KEEZHADAM, THIRUVILWAMALA GROUP,
          COCHIN DEWASWOM BOARD, THRISSUR,
          RESIDING AT KODIYAKOL MANA,
          PATTAMBI VIA, PALAKKAD - 679309.

          BY ADVS.
          C.A.CHACKO
          C.M.CHARISMA
          BABU V.P.
          SALMA DILEEP
          REMYA V.A.


RESPONDENTS:

    1     COCHIN DEVASWOM BOARD
          REPRESENTED BY ITS SECRETARY,
          ROUND NORTH, THRISSUR - 680001.

    2     THE SECRETARY
          COCHIN DEWASWOM BOARD, ROUND NORTH,
          THRISSUR DISTRICT - 680001.

    3     THE COMMISSIONER
          COCHIN DEWASWOM BOARD, ROUND NORTH,
          THRISSUR DISTRICT - 680001.

          BY ADV K.P.SUDHEER, STANDING COUNSEL


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 20.06.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C) No.19896 of 2023
                                 2




                         JUDGMENT

Dated this the 20th day of June, 2023

The writ petition has been filed by the petitioner aggrieved by

the non-consideration of the petitioner's request for cadre change

from the post of 'Santhi' (Temple Priest) to any other suitable post

under the respondents, on medical grounds.

2. The petitioner joined service as 'Keezhsanthi' at

Pazhuvil Sree Subramaniaswamy Temple in pursuance of Ext.P1

order. Thereafter, while he was working as Santhi at Manithala

Vishnu Temple, he was transferred to Sreekandapuram Vishnu

Temple at Keezhadam coming under Thiruvilwamala Group.

3. The petitioner is suffering from skin allergy due to

constant contact with oil and water in connection with poojas and W.P.(C) No.19896 of 2023

now his disease has aggravated. Hence, he applied for leave on

medical ground and he is on medical leave from 15.05.2023. He

could not join the present station due to his ailment.

4. The petitioner is suffering from severe skin allergy and

back pain as evident from Exts.P2 and P5. He is not able to attend

his job as a Santhi due to his ailment. As per Ext.P3, the

Ombudsman also advised the petitioner to approach the Board

authorities since accommodating Santhies in other posts on

compassionate ground is within the power of Board. But, so far the

respondents have not considered his request, contends the

petitioner.

5. I have heard the learned Counsel for the petitioner and

the Standing Counsel representing the respondents.

6. Taking into consideration the medical reasons projected

by the petitioner, I am of the view that the respondents shall

consider Ext.P4 representation submitted by the petitioner and

pass orders thereon in accordance with law. W.P.(C) No.19896 of 2023

The writ petition is disposed of directing the 3 rd respondent to

consider Ext.P4 representation submitted by the petitioner and

pass appropriate orders thereon within a period of six weeks, after

giving an opportunity of hearing to the petitioner.

Sd/-

N. NAGARESH JUDGE ams W.P.(C) No.19896 of 2023

APPENDIX OF WP(C) 19896/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF ORDER NO.M4.3024/09 DATED 22/10/2010 OF 2ND RESPONDENT Exhibit P2 TRUE COPY OF MEDICAL CERTIFICATE DATED 13/5/2019 ALONG WITH PRESCRIPTION ISSUED FROM SARADA AYURVEDIC PHARMACY, KODUNGALLUR Exhibit P3 TRUE COPY OF COMMUNICATION DATED 8/3/2022 OF HON'BLE OMBUDSMAN FOR TRAVANCORE AND COCHIN DEWASWOM BOARDS Exhibit P4 TRUE COPY OF REPRESENTATION MADE BEFORE THE 3RD RESPONDENT DATED 19/5/2023 Exhibit P5 TRUE COPY OF MEDICAL CERTIFICATE DATED 15/6/2023 ISSUED BY SENIOR MEDICAL OFFICER, GOVERNMENT AYURVEDA HOSPITAL, GURUVAYOOR