Kerala High Court
B.K. Radhakrishnan Nair vs Travancore Devaswom Board on 19 August, 2003
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR
SATURDAY, THE 5TH DAY OF OCTOBER 2013/13TH ASWINA, 1935
WP(C).No. 24372 of 2013 (V)
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PETITIONER(S):
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B.K. RADHAKRISHNAN NAIR, AGED 44 YEARS
S/O.KRISHNAN NAIR, BHAMA NILAYAM, KELESWARAM
KALLIYOOR P.O., THIRUVANANTHAPURAM (WATCHER
THALIYIL DEVASWOM, TRAVANCORE DEVASWOM BOARD)
BY ADVS.SRI.NAGARAJ NARAYANAN
SRI.SAIJO HASSAN
SRI.BENOJ C AUGUSTIN
SRI.SEBIN THOMAS
SRI.P.E.SAJAL
SRI.VIVEK V. KANNANKERI
RESPONDENT(S):
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1. TRAVANCORE DEVASWOM BOARD
NANTHANCODE, THIRUVANANTHAPURAM - 695 003
REPRESENTED BY ITS SECRETARY.
2. DEVASWOM COMMISSIONER,
TRAVANCORE DEVASWOM BOARD, NANTHANCODE
THIRUVANANTHAPURAM - 695 003.
BY SRI.A.N.RAJAN BABU, SC, TRAVANCORE DEVASWOM BOARD
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 05-10-2013, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No. 24372 of 2013 (V)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXT.P1: TRUE COPY OF THE APPLICATION SUBMITTED BY THE
PETITIONER DATED 19/8/2003.
EXT.P2: TRUE COPY OF THE CERTIFICATE ISSUED FROM THE MEDICAL
BOARD OF MEDICAL COLLEGE HOSPITAL, THIRUVANANTHAPURAM TO
THE PETITIONER DATED 11/8/2003.
EXT.P3: TRUE COPY OF THE LETTER DATED 19/8/2003 ISSUED BY THE
TRIPPAPUR SUB GROUP OFFICER TO THE ULLOOR ASSISTANT
DEVASWOM COMMISSIONER.
EXT.P4:TRUE COPY OF THE LETTER DATED 21/8/2003 ISSUED BY THE
ASSISTANT DEVASWOM COMMISSIONER.
EXT.P5:TRUE COPY OF THE LETTER DATED 25/9/2003 ISSUED BY THE
ASSISTANT DEVASWOM COMMISSIONER.
EXT.P6: TRUE COPY OF THE REPRESENTATION DATED 30/11/2009
SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.
EXT.P7:TRUE COPY OF THE LETTER DATED 10/12/2009 ISSUED BY THE
ASSISTANT DEVASWOM COMMISSIONER, THIRUVANANTHAPURAM
GROUP.
EXT.P8:TRUE COPY OF THE REPRESENTATION DATED 03/02/2011
SUBMITTED BY THE PETITIONER BEFORE THE PRESIDENT OF THE BOARD
OF THE 1ST RESPONDENT.
EXT.P9: TRUE COPY OF THE REPRESENTATION DATED 06/05/2012
SUBMITTED BY THE PETITIONER BEFORE THE MEMBERS OF THE 1ST
RESPONDENT.
EXT.P10: TRUE COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT
BOARD DATED 27/6/2012.
EXT.P11: TRUE COPY OF THE REPLY DATED 3/5/2012 ISSUED BY THE
PUBLIC INFORMATION OFFICER OF THE 1ST RESPONDENT UNDER THE
RIGHT TO INFORMATION ACT.
EXT.P12: TRUE COPY OF THE REPLY DATED 15/3/2013 ISSUED BY THE
PUBLIC INFORMATION OFFICER OF THE 1ST RESPONDENT TO THE
PETITIONER.
EXT.P13: TRUE COPY OF THE DATED 27/10/2004 ISSUED BY THE 1ST
RESPONDENT BOARD.
EXT.P14: TRUE COPY OF THE LETTER DATED 14/5/2013 ISSUED BY THE
SECRETARY TO THE PUBLIC INFORMATION OFFICER.
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WP(C).No. 24372 of 2013 (V)
EXT.P15: TRUE COPY OF THE PROCEEDINGS AS TO CATEGORY CHANGE
RELATING TO A.P.ASOK KUMAR DATED 23/06/2003
EXT.P16:TRUE COPY OF THE PROCEEDINGS DATED 27/10/2003
RELATING TO SRI.K.VINU KUMAR OF DEVASWOM BOARD.
EXT.P17:TRUE COPY OF THE PROCEEDINGS DATED 11/12/2003
RELATING TO SRI.RAJEEV KUMAR OF DEVASWOM BOARD.
EXT.P18:TRUE COPY OF THE PROCEEDINGS DATED 22/11/2003
RELATING TO DEVASWOM THAKIL SRI.ASOKAN OF DEVASWOM BOARD.
EXT.P19:TRUE COPY OF THE PROCEEDINGS DATED 21/11/2003
RELATING TO KAZHAKOM SRI.S.PUSHPALATHA OF DEVASWOM BOARD.
EXT.P20: TRUE COPY OF THE PROCEEDINGS DATED 20/03/2009
RELATING TO DEVASWOM WATCHER N.S.SANKARAN NAMBOOTHIRI.
EXT.P21: TRUE COPY OF THE PROCEEDING DATED 03/08/2009
DEVASWOM WATCHER, M.C.KRISHNAKUMAR.
EXT.P22: TRUE COPY OF THE PROCEEDINGS DATED 27/10/2003
RELATING TO MOHANAN PILLAI.
RESPONDENT(S)' EXHIBITS: NIL.
//TRUE COPY//
P.A. TO JUDGE
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C.T.RAVIKUMAR, J
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W.P.(C) No. 24372 of 2013
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Dated this the 5th day of October, 2013
JUDGMENT
The petitioner is working as a Watcher under the Travancore Devaswom Board. Earlier, he sought for a category change to the post of Peon. The representation submitted by the petitioner for the aforesaid purpose was rejected by the first respondent as per Ext.P10 order dated 27.6.2012. The contention of the petitioner is that subsequent to the rejection of his claim certain category change was granted in the case of certain other persons. The petitioner contends that later he came to know that such requests from some of his juniors were granted. There cannot be any doubt with respect to the fact that in respect of a category change the juniority or seniority is not the deciding factor whilst it depends upon the attending circumstances including the physical conditions and subject to the availability of vacancies. I am of the view that at this distance of time a challenge against Ext.P10 order cannot be W.P.(C) No. 24372 of 2013 2 entertained. Still, I am inclined to dispose of this writ petition leaving the petitioner at liberty to approach the second respondent through appropriate petition explaining the circumstances compelling him to seek for a category change. In case the petitioner is desirous to move such a petition he may do so within a period of two weeks from the date of receipt of a copy of this judgment. In the event of submission of such a petition within the above stipulated time the second respondent shall consider and pass appropriate orders thereon, expeditiously and at any rate within a further period of two months, thereafter.
Sd/-
C.T.RAVIKUMAR,JUDGE.
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