Citation : 2024 Latest Caselaw 16213 Ker
Judgement Date : 10 June, 2024
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WPC 20590/24
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
MONDAY, THE 10TH DAY OF JUNE 2024 / 20TH JYAISHTA, 1946
WP(C) NO. 20590 OF 2024
PETITIONER/S:
G. BHASKARAN POTTY, AGED 55 YEARS, S/O. GANAPATHY POTTY,
'SANTHI', TRAVANCORE DEVASWOM BOARD, KAILASESWARAM DEVASWOM,
MITHRANANTHAPURAM SUB GROUP, THIRUVANANTHAPURAM GROUP,
RESIDING AT SOBHALAYAM, TC 6/557, VATTIYOORKAVU P.O.,
THIRUVANANTHAPURAM, PIN - 695013
BY ADVS. D.KISHORE, MEERA GOPINATH, R.MURALEEKRISHNAN
(MALAKKARA)
RESPONDENT/S:
1 THE TRAVANCORE DEVASWOM BOARD REPRESENTED BY ITS SECRETARY
DEVASWOM HEADQUARTERS ,NANTHANCODE, KOWDIAR P.O.,
THIRUVANANTHAPURAM, PIN - 695003
2 THE DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD.,
DEVASWOM HEADQUARTERS NANTHANCODE, KOWDIAR P.O.,
THIRUVANANTHAPURAM, PIN - 695003
3 THE ASSISTANT DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM
BOARD, PADMAVILASAM ROAD, FORT HIGH SCHOOL,
THIRUVANANTHAPURAM FORT, THIRUVANANTHAPURAM, PIN - 695023
OTHER PRESENT:
SC SRI. P.U VINOD
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WPC 20590/24
JUDGMENT
(Dated this the 10th day of June 2024)
The petitioner, while working as Santhi in Cherupazhanjikavu Devaswom, was absent from duty for the period from 28.12.2016 till 16.1.2017, due to the threat from one Renjith, who was working as a Watcher in Karakanteswaram Devaswom of the Travancore Devaswom Board. On account of the reason that the petitioner had given a statement in a vigilance case against the said person, there was a rivalry between him and the petitioner. So, the petitioner had to flee from the place. Disciplinary proceedings were initiated against him for unauthorized absence. The 2nd respondent, vide Ext.P1 dated 2.9.2017, reinstated the petitioner in service. Later, he was transferred to Valiyasala Devaswom and joined there on 23.9.2017. The petitioner requested the 2nd respondent to regularize the period of absence from 28.12.2016 to 23.9.2017 as the absence was not due to his fault, but due to the threat of another employee of the Board. The same was not
considered and accordingly, the petitioner submitted an appeal as Ext.P3 on 7.2.2024, before the 1st respondent with a request to consider the period of absence as eligible leave. It is submitted by the petitioner that due to COVID-19 pandemic, a delay occurred in filing Ext.P3. The petitioner wants a speedy disposal of Ext.P3 by the 1st respondent.
2. Heard.
In the facts and circumstances of the case and the limited nature of prayer of the petitioner, this Writ Petition is disposed of directing the 1st respondent to consider Ext.P3 within six weeks from the date of receipt of a copy of this judgment.
Sd/-
BASANT BALAJI, JUDGE.
dl/
APPENDIX OF WP(C) 20590/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER NO. ROC 41/17/S DATED 2.9.2017 ISSUED BY THE 2ND RESPONDENT Exhibit P2 TRUE COPY OF THE PROCEEDINGS NO.2958 DATED 23.9.2017 OF THE 3RD RESPONDENT Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED 7.2.2024 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT
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