Kerala High Court
Sasikala A.P., D/O.A.K.Krishna ... vs The Travancore Devaswom Board on 12 April, 2024
WP(C) No.15478/2024 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
Friday, the 12th day of April 2024 / 23rd Chaithra, 1946
WP(C) NO. 15478 OF 2024 (H)
PETITIONER:
SASIKALA A.P., D/O.A.K.KRISHNA PISHARADI, AGED 55 YEARS, JUNIOR
SUPERINTENDENT, OFFICE OF THE COMMISSIONER, TRAVANCORE DEVASWOM
BOARD, NANDANCODE, THIRUVANANTHAPURAM, RESIDING AT AMBIKANJALI,
T.C.26/1928, G.P.O. LANE, PULIMOOD, THIRUVANANTHAPURAM, PIN - 695
001.
RESPONDENTS:
1. THE TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, DEVASOM
HEAD QUARTERS, NANDANCODE, THIRUVANANTHAPURAM, PIN - 695 003.
2. THE DEVASOM COMMISSIONER, TRAVANCORE DEVASOM BOARD, DEVASOM HEAD
QUARTERS, NANDANCODE, THIRUVANANTHAPURAM, PIN - 695 003.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the Respondents to forthwith permit the petitioner to
rejoin duty to the post of Junior Superintendent in the Board as per
Paragraph 56(6) of the Manual of Disciplinary proceedings taking in to
consideration of Ext P16 to P18 applications submitted by the petitioner
subject to finalization of the proceedings pursuant to Ext P13 taking in
to consideration of the superannuation of the petitioner on 31.05.2024
till the disposal of this Writ Petition.
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S B.MOHANLAL, P.S.PREETHA, ASWIN V. NAIR, Advocates for the petitioner
and of SRI.G.BIJU, Standing Counsel for the respondents, the court passed
the following:
WP(C) No.15478/2024 2/4
BASANT BALAJI, J
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Writ Petition (C) No.15478 of 2024
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Dated: 12th April, 2024
ORDER
Admit.
Sri. G. Biju, Standing counsel takes notice for the respondents.
The petitioner has filed this writ petition seeking direction from this
court to direct the respondents to permit the petitioner to rejoin duty as per
Paragraph 56(6) of the Manual of Disciplinary Proceedings.
Earlier the petitioner approached this court by filing W.P.(C )No.32672
of 2023 and this Court taking into consideration the fact that the petitioner
has filed a representation as Ext.P12, directing the 2nd respondent to take up
the representation and pass appropriate orders. The said judgment was
passed on 15.03.2024. Ext.P13 is the memo of charges accompanying the
statement of allegations against the petitioner's unauthorised absence.
The grievance of the petitioner is that the petitioner is due to
superannuate on 31.05.2024, and, if his request in Exts.P16 and P17 is not
considered, he will have to superannuate without joining back to the post. As
an interim measure, I direct the 2nd respondent to take up Exts.P16 and P17
along with the directions contained in Ext.P15, and pass appropriate orders
taking into consideration Paragraph 56(6) of the Manual of Disciplinary
Proceedings.
Post the case on 11.07.2024.
Sd/-
BASANT BALAJI,
JUDGE
ss
12-04-2024 /True Copy/ Assistant Registrar
APPENDIX OF WP(C) 15478/2024
Exhibit P12 THE TRUE COPY OF THE APPLICATION DATED 28.02.2024
SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT
AND ITS POSTAL RECEIPT
Exhibit P13 THE TRUE COPY OF THE MEMO AND MEMO OF CHARGES
ROC.18250/21/EST-A/EST-C DATED 05.03.2024 ISSUED BY THE
2ND RESPONDENT
Exhibit P15 THE TRUE COPY OF THE JUDGMENT DATED 15.03.2024 IN
W.P.(C)NO:32672/2023 OF THIS HON'BLE COURT
Exhibit P16 THE TRUE COPY OF THE REPRESENTATION DATED 23.03.2024
SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT
Exhibit P17 THE TRUE COPY OF THE APPLICATION DATED 05/04/2024
SUBMITTED BY THE PETITIONER BEFORE THE PRESIDENT OF THE
BOARD AND THE ORDER OF THE PRESIDENT
Exhibit P18 THE TRUE COPY OF THE APPLICATION DATED 08/04/2024 FILED
BY THE PETITIONER BEFORE THE 2ND RESPONDENT
12-04-2024 /True Copy/ Assistant Registrar
