Kerala High Court
Rengith.B.G vs Travancore Devaswom Board on 28 June, 2021
Author: Anu Sivaraman
Bench: Anu Sivaraman
WP(C) NO.11566 OF 2021
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
MONDAY, THE 28TH DAY OF JUNE 2021 / 7TH ASHADHA, 1943
WP(C) NO. 11566 OF 2021
PETITIONER:
RENGITH.B.G
AGED 38 YEARS
S/O.K.R.BHUVANENDRAN, TC 16/1061, K.R.BHAVAN, K.R.NAGAR,
JAGATHY, THYCAUD P.O., THIRUVANANTHAPURAM-695 014,
(NOW WORKING AS WATCHER, KELESWARAM DEVASWOM,
NEYYATTINKARA GROUP).
BY ADVS.
D.AJITHKUMAR
HARSHA S. NAIR
RESPONDENTS:
1 TRAVANCORE DEVASWOM BOARD
NATHANCODE P.O., THIRUVANANTHAPURAM-695 003,
REPRESENTED BY ITS SECRETARY.
2 SECRETARY,
TRAVANCORE DEVASWOM BOARD, NATHANCODE P.O.,
THIRUVANANTHAPURAM-695 003.
3 DEVASWOM COMMISSIONER,
TRAVANCORE DEVASWOM BOARD, NATHANCODE P.O.,
THIRUVANANTHAPURAM-695 003.
4 SUB GROUP OFFICER,
VENGANOOR SUB GROUP, NEYYATTINKARA GROUP, TRAVANCORE
DEVASWOM BOARD, THIRUVANANTHAPURAM-695 042.
BY ADV C.K.PAVITHRAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.06.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.11566 OF 2021
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JUDGMENT
This writ petition is filed seeking the following prayer:
"(i) To issue a writ of mandamus or other appropriate writ, order or direction directing the 3rd respondent to consider the Exhibit-P9 application of the petitioner as per the Exhibit-P7 general transfer norms 2021 and to pass transfer order"
2. Heard the learned counsel for the petitioner and the learned standing counsel appearing for the Devaswom Board.
3. It is submitted by the learned counsel for the petitioner that the petitioner had been suspended from service on 03.02.2021 and disciplinary proceedings were initiated against him. While so, Ext.P7 circular was issued calling for applications for general transfer. The petitioner could not submit an application in time because he was under orders of suspension. The petitioner was reinstated in service by Ext.P6 proceedings dated 26.04.2021 and Ext.P8 proceedings, posting him in the Neyyattinkara Group, were issued on 06.05.2021. Thereafter, petitioner submitted Ext.P9 application for general transfer. Ext.P10 request was also made by the petitioner seeking a transfer to the vacant post in Kamaleswaram Devaswom, Ramaswamy Devaswom or Karakandeswaram Devaswom in the Trivandrum Group. The petitioner seeks a consideration of the application made by him. WP(C) NO.11566 OF 2021 3
4. A statement has been placed on record by the 1 st respondent. It is stated that the request of the petitioner for reinstatement had been considered positively by the respondents and he had been reinstated in service on 06.05.2021. It is submitted that Ext.P7 circular prescribes the norms for general transfer for the year 2021 and the applications ought to have been filed on or before 10.03.2021. It is submitted that Ext.P9 application was submitted by the petitioner only on 25.05.2021 and that request for extension of time for making applications for general transfer cannot be entertained.
5. It is further stated that the petitioner has been reinstated provisionally as per Ext.P5 and P8 subject to final decision in the disciplinary proceedings. It is stated that even in Ext.P7, it is provided that a person who has been transferred on a complaint cannot be considered in the general transfer. However, it is submitted by the learned standing counsel that the further request made by the petitioner by Ext.P10 can be considered by the appropriate authority in the Board independently without reference to the general transfer.
6. There will, accordingly, be a direction to the 3 rd respondent to consider Ext.P10 request made by the petitioner for posting to the vacancies pointed out by him. Orders shall be passed within a period of one month from the date of receipt of a copy of this judgment.
WP(C) NO.11566 OF 2021 4 This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN JUDGE NP WP(C) NO.11566 OF 2021 5 APPENDIX OF WP(C) 11566/2021 PETITIONER'S/S EXHIBITS:
Exhibit P1 TRUE COPY OF THE REPORT DATED 03.02.2021 OF THE ASSISTANT DEVASWOM COMMISSIONER Exhibit P2 TRUE COPY OF THE SUSPENSION ORDER DATED 03.02.2021 ISSUED BY DEPUTY DEVASWOM COMMISSIONER.
Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED 18.02.2021 SUBMITTED BY PETITIONER BEFORE THE 3RD RESPONDENT.
Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 05.03.2021 IN WPC NO.3336/2021 OF THIS HONBLE COURT.
Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 09.04.2021 IN WPC NO.9551/2021 OF THIS HONBLE COURT.
Exhibit P6 TRUE COPY OF THE ORDER DATED 26.04.2021 ISSUED BY THE 1ST RESPONDENT BOARD.
Exhibit P7 TRUE COPY OF THE CIRCULAR ROC NO.46/2021/S DATED 18.02.2021 CALLING APPLICATIONS FROM THE TEMPLE EMPLOYEES FOR THE GENERAL TRANSFER 2021 ISSUED BY THE 1ST RESPONDENT BOARD.
Exhibit P8 TRUE COPY OF THE ORDER DATED 06.05.2021 ISSUED BY THE 3RD RESPONDENT.
Exhibit P9 TRUE COPY OF THE APPLICATION DATED 25.05.2021 FOR GENERAL TRANSFER 2021 THROUGH PROPER CHANNEL IN THE PRESCRIBED FORMAT AS IN EXHIBIT P7 CIRCULAR.
Exhibit P10 TRUE COPY OF THE REPRESENTATION DATED 25.05.2021 SUBMITTED BY PETITIONER TO THE 3RD RESPONDENT.
RESPONDENT'S/S EXHIBITS: NIL