Kerala High Court
Travancore Devaswom Board Employees ... vs Travancore Devaswom Board on 23 May, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
WP(C) NO. 18069 OF 2024
PETITIONER:
TRAVANCORE DEVASWOM BOARD EMPLOYEES FRONT
HEAD OFFICE NANTHANCODE, THIRUVANANTHAPURAM REPRESENTED
BY ITS GENERAL SECRETARY, ANILKUMAR G., S/O. GOPINATHAN
NAIR K., AGED 48 YEARS, THIRUVATHIRA, TC 17/299(1),
CHADIYARA, POOJAPPURA P.O., THIRUVANANTHAPURAM, PIN-
695012, PIN - 695003
BY ADVS.
K.R.SUNIL
R.S.ANANDAN
K.S.GRACY SUNDAR
RESPONDENTS:
1 TRAVANCORE DEVASWOM BOARD
DEVASOM HEAD QUARTERS, NANDANCODE, THIRUVANANTHAPURAM,
REPRESENTED BY ITS SECRETARY, PIN - 695003
2 DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD
DEVASOM HEADQUARTERS, NANDANCODE, THIRUVANANTHAPURAM,
PIN - 695003
3 THE SECRETARY, TRAVANCORE DEVASWOM BOARD
DEVASOM HEADQUARTERS, NANDANCODE, THIRUVANANTHAPURAM,
PIN - 695003
4 THE CHIEF ENGINEER, MARAMATH DIVISION
DEVASWOM HEADQUARTERS, NANTHANCODE ,THIRUVANANTHAPURAM,
PIN - 695003
5 THE ASST. COMMISSIONER, TRAVANCORE DEVASWOM BOARD,
AMBALAPPUZHA
AMBALAPPUZHA, ALAPPUZHA, PIN - 688561
6 THE ASST. COMMISSIONER, TRAVANCORE DEVASWOM BOARD,
KOLLAM
KOLLAM DISTRICT, PIN - 691012
7 THE ASST. COMMISSIONER, TRAVANCORE DEVASWOM BOARD,
MAVELIKKARA
MAVELIKKARA, ALAPPUZHA DISTRICT, PIN - 690101
8 THE ASST. COMMISSIONER, TRAVANCORE DEVASWOM BOARD
KARUNAGAPPALLY
KARUNAGAPPALLY, KOLLAM, PIN - 690518
9 THE ASST. COMMISSIONER, TRAVANCORE DEVASWOM BOARD,
KOTTAYAM
KOTTAYAM DISTRICT, PIN - 686101
WP(C) NO. 18069 OF 2024
2
10 THE ASST. COMMISSIONER, TRAVANCORE DEVASWOM
BOARD, CHANGANASSERY
CHANGANASSERY, KOTTAYAM DISTRICT, PIN - 686101
11 THE ASST. COMMISSIONER, TRAVANCORE DEVASWOM
BOARD, ETTUMANOOR
NEAR SREE MAHADEVA TEMPLE, ETTUMANOOR, KOTTAYAM,
PIN - 686582
12 THE ASST. COMMISSIONER, TRAVANCORE DEVASWOM
BOARD, THIRUVANANTHAPURAM
THIRUVANANTHAPURAM DISTRICT, PIN - 695003
13 THE ASST. COMMISSIONER, TRAVANCORE DEVASWOM
BOARD, PATHANAMTHITTA
PATHANAMTHITTA DISTRICT, PIN - 691333
14 THE ASST. COMMISSIONER, TRAVANCORE DEVASWOM
BOARD, AARANMULA
NEAR PARTHASARATHY TEMPLE, ARANMULA,
PATHANAMTHITTA, PIN - 689533
15 THE ASST. COMMISSIONER, TRAVANCORE DEVASWOM
BOARD, THIRUVALLA
THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN - 689101
16 THE ASST. COMMISSIONER, TRAVANCORE DEVASWOM
BOARD, KOTTARAKKARA
NEAR MAHAGANAPATHI TEMPLE, KOTTARAKKARA, KOLLAM,
PIN - 691506
17 THE ASST. COMMISSIONER, TRAVANCORE DEVASWOM
BOARD, ERNAKULAM
NEAR THRIKKARIYOOR TEMPLE, KOTHAMANGALAM,
ERNAKULAM, PIN - 683513
18 THE ASST. COMMISSIONER, TRAVANCORE DEVASWOM
BOARD, HARIPAD
NEAR RAILWAY STATION, HARIPAD, ALAPPUZHA, PIN -
690514
19 THE ASST. COMMISSIONER, TRAVANCORE DEVASWOM
BOARD, VARKALA
VARKALA, THIRUVANANTHAPURAM, PIN - 695141
20 THE ASST. COMMISSIONER, TRAVANCORE DEVASWOM
BOARD, MUNDAKKAYAM
NEAR PARTHASARATHY TEMPLE, MUNDAKKAYAM, KOTTAYAM,
PIN - 686513
21 THE ASST. COMMISSIONER, TRAVANCORE DEVASWOM
BOARD, NEYYATTINKARA
NEYYATTINKARA, THIRUVANANTHAPURAM, PIN - 695121
ADV. G. BIJU - SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.05.2024,THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
WP(C) NO. 18069 OF 2024
3
JUDGMENT
1. The petitioner is an organization consisting of employees who
have been working in different offices under the 1st respondent.
2. According to the petitioner, the 1 st respondent has issued
Ext.P1 Order, Ext.P2 Mandates and Ext.P3 circular providing
various norms to be followed by the respondents 2 to 21 while
considering application for general transfer of different categories
of employees of the 1st respondent. The apprehension of the
petitioner is that respondents 2 to 21 may violate the norms,
guidelines and mandates issued by the 1st respondent through
Exts.P1 to P3 out of political allegiance, nepotism and bias and
hence appropriate orders are to be issued directing the
respondents 2 to 21 consider Ext.P4 request of the petitioner and
further to strictly follow the norms, guidelines and mandates
issued by the 1st respondent through Exts.P1 to P3.
3. The learned Standing Counsel for the 1 st respondent opposed
the prayers in the writ petition on the ground that the
WP(C) NO. 18069 OF 2024
apprehension of the petitioner is misconceived and the writ
petition is premature. He submitted that there is no ground or
reason for the petitioner to believe that Exts.P1, P2 and P3
orders will be flouted or violated by respondents 2 to 21.
4. But I find from the documents produced by the petitioner
that this Court had entertained writ petitions at the instance of
the petitioner with respect to earlier years when the very same
apprehension was voiced and passed Exts.P5, P6 and P7
judgments in favour of the petitioner. Hence the contention of
the learned Standing Counsel for the 1 st respondent that the writ
petition is premature is not sustainable.
5.The counsel for the petitioner prayed to pass orders similar to
Exts.P5 to P7 judgments for the current year also. But I find
from Exts.P5 and P6 judgment, the same was disposed of
recording the submission of the counsel for the 1 st respondent
that general transfer shall be affected only in accordance with
the aforesaid orders. I am of the view that undertaking on behalf
of the 1st respondent would not bind the respondents 2 to 21
WP(C) NO. 18069 OF 2024
and hence there is no meaning in recording such undertaking on
behalf of the 1st respondent to compel compliance by the
respondents 2 to 21.
6. Since, the 1st respondent has issued Exts.P1, P2 and P3, the
1st respondent is duty bound to see that those orders are
respected and followed by the respondents 2 to 21 during
general transfer.
7. Hence, I dispose this Writ Petition directing the 1 st respondent
to issue necessary communications to the respondents 2 to 21 to
strictly follow with Exts.P1, P2 and P3 in the case of general
transfer and to ensure compliance of the same.
Sd/-
M.A.ABDUL HAKHIM
JUDGE
sms
WP(C) NO. 18069 OF 2024
APPENDIX OF WP(C) 18069/2024
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE ORDER DATED
31.01.2024 ISSUED BY THE 1ST RESPONDENT
Exhibit P2 THE TRUE COPY OF THE MANDATES ISSUED BY
THE 1ST RESPONDENT DATED 05.03.2022
Exhibit P3 THE TRUE COPY OF THE CIRCULAR ISSUED BY
THE 1ST RESPONDENT DATED 31.01.2024
Exhibit P4 THE TRUE COPY OF THE REQUEST LETTER
SUBMITTED BY THE PETITIONER TO THE 1ST
RESPONDENT DATED 02.05.2024
Exhibit P5 THE FREE COPY OF THE JUDGMENT DATED
14.06.2019 IN W.P.(C) NO. 14189/2019 OF
THIS HON'BLE COURT
Exhibit P6 THE FREE COPY OF THE JUDGMENT DATED
18.05.2022 IN W.P.(C) NO. 15982/2022 OF
THIS HON'BLE COURT
Exhibit P7 THE FREE COPY OF THE JUDGMENT DATED
05.05.2023 IN W.P.(C) NO. 15197/ 2023
ISSUED BY THIS HONOURABLE COURT.
