Renjith Potty J vs Travancore Devaswom Board - Tdb
2023 Latest Caselaw 3466 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                  THE HONOURABLE MR.JUSTICE N.NAGARESH
         FRIDAY, THE 24TH DAY OF MARCH 2023 / 3RD CHAITHRA, 1945
                        WP(C) NO. 10276 OF 2023
PETITIONER

             RENJITH POTTY J
             AGED 38 YEARS
             S/O LATE JANARDHANAN POTTY SANTHI (UNDER SUSPENSION)
             KAAPIL BHAGVATINADA DEVASWOM, KAAPIL SUBGROUP,
             VARKALA GROUP, THIRUVANANTHAPURAM RESIDING AT 9/258A,
             PADINJAREMADAM, OTTOOR, MANAMBOOR P.O,
             THIRUVANANTHAPURAM, PIN - 695311
             BY ADVS.
             N.ANAND
             RAJESH O.N.


RESPONDENTS:

     1       TRAVANCORE DEVASWOM BOARD - TDB
             NANTHANCODE, KOWDIAR P.O., THIRUVANANTHAPURAM-
             REPRESENTED BY ITS SECRETARY, PIN - 695003
     2       THE DEVASWOM COMMISSIONER
             THE TRAVANCORE DEVASWOM BOARD, NANTHANCODE, KOWDIAR P.O.,
             THIRUVANANTHAPURAM, PIN - 695003
     3       THE ASSISTANT COMMISSIONER
             VARKALA GROUP, TRAVANCORE DEVASWOM BOARD,
             THIRUVANANTHAPURAM DISTRICT, PIN - 695141
     4       THE SUB GROUP OFFICER
             SUB GROUP OF KAPPIL, VARKALA GROUP,
             TRAVANCORE DEVASWOM BOARD, KAPPIL P O, EDAVA, VARKALA,
             THIRUVANANTHAPURAM DISTRICT, PIN - 695311

             SRI.P.U.VINOD KUMAR- R1 TO R3
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.10276 OF 2023
                                2




                          JUDGMENT

Dated this the 24th day of March, 2023

The petitioner is before this Court seeking to quash

Ext.P13 and to direct the respondents to reinstate him in

service.

2. The petitioner states that he was a Shanthi of the

Kaapil Bhagavatinada Devaswom near Varkala. The petitioner

was assigned special duties at Sabarimala. On 13.11.2022, he

was relieved from Kappil to join Sabarimala. According to the

petitioner, he could not join duty at Sabarimala because of the

health issues of his mother. The petitioner requested the

Travancore Devaswom Board to cancel the special duty given

to him at Sabarimala. The Board acceded the request of the

petitioner and cancelled special duty as per Ext.P6 dated

15.11.2022.

WP(C) NO.10276 OF 2023

3. The petitioner states that he went to the office of

the Assistant Commissioner for getting orders for resuming

duties at Kaapil. On obtaining orders, the petitioner joined

service on 17.11.2022. As a bolt from the blue, the Devaswom

Commissioner has issued Ext.P13 order suspending the

petitioner from service on an allegation that the Temple was

not opened on 16.11.2022.

4. The petitioner submits that on 16.11.2022 on which

date the Temple was not allegedly opened, the petitioner was

awaiting orders from the Assistant Commissioner for resuming

duty. After obtaining permission, the petitioner joined duty on

17.11.2022. The suspension is therefore highly arbitrary and

illegal. The petitioner is liable to be permitted to resume duties

as Shanthi at Kaapil.

5. I have heard the learned counsel for the petitioner

and the learned Standing Counsel representing the

respondents.

WP(C) NO.10276 OF 2023

6. Going through the pleadings in the writ petition, it is

seen that the petitioner has preferred Ext.P14 appeal before

the 1st respondent-Travancore Devaswom Board against the

suspension imposed on the petitioner. In view of the facts

disclosed from the writ petition, it would be only proper that the

1st respondent considers Ext.P14 appeal submitted by the

petitioner and take a decision thereon expeditiously.

The writ petition is accordingly disposed of directing the

1st respondent to consider Ext.P14 appeal submitted by the

petitioner against the suspension imposed on him and take a

decision thereon in accordance with law, within a period of one

month.

sd/-

N.NAGARESH JUDGE hmh WP(C) NO.10276 OF 2023

APPENDIX OF WP(C) 10276/2023

PETITIONER EXHIBITS

Exhibit-P1 TRUE COPY OF THE ATTENDANCE REGISTER MAINTAINED AT THE KAAPIL BHAGVATINADA DEVASWOM FOR THE MONTH OF NOVEMBER'2022 Exhibit-P2 TRUE COPY OF THE RELIEVING ORDER ISSUED BY RESPONDENT NO. 4 DATED 13.11.2022 Exhibit-P3 TRUE COPY OF THE REQUEST DATED 14.11.2022 SUBMITTED BY THE PETITIONER TO RESPONDENT NO.4 Exhibit-P4 TRUE COPY OF THE REQUEST DATED 14.11.2022 PREFERRED BY THE PETITIONER BEFORE RESPONDENT NO.2 Exhibit-P5 TRUE COPY OF THE ORDER DATED 14.11.2022 ISSUED BY RESPONDENT NO.3 IN NO. 1579 Exhibit-P6 TRUE COPY OF THE ORDER DATED15.11.2022 ISSUED BY RESPONDENT NO. 2 IN ROC NO: 93/2022/ESTA-B Exhibit-P7 TRUE COPY OF THE REPRESENTATION DATED 16.11.2022 PREFERRED BY THE PETITIONER

Exhibit-P8 TRUE COPY OF THE SHOW CAUSE NOTICE DATED 16.11.2022 ISSUED BY RESPONDENT NO. 3 TO THE PETITIONER Exhibit-P9 TRUE COPY OF THE REPLY DATED 18.11.2022 SUBMITTED BY THE PETITIONER TO

Exhibit-P10 TRUE COPY OF THE ACKNOWLEDGMENT CARD EVIDENCING THE SERVICE OF EXT.P9 ON

Exhibit-P11 TRUE COPY OF THE COMPLAINT PREFERRED BY

Exhibit-P12 TRUE COPY OF THE CERTIFICATE DATED 10.07.2023 ISSUED BY EXECUTIVE OFFICER, SABARIMALA DEVASWOM Exhibit-P13 TRUE COPY OF THE ORDER DATED 18.03.2023 ISSUED BY RESPONDENT NO. 2 IN NO.ROC.18094/2022/S WP(C) NO.10276 OF 2023

Exhibit-P14 TRUE COPY OF THE APPEAL PETITION PREFERRED BY PETITIONER BEFORE RESPONDENT NO.1 DATED 18.03.2023 RESPONDENT EXHIBITS : NIL