Kerala High Court
Santhosh A vs Travancore Devaswom Board on 13 September, 2023
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
WEDNESDAY, THE 13TH DAY OF SEPTEMBER 2023 / 22ND BHADRA, 1945
WP(C) NO. 23616 OF 2023
PETITIONER:
SANTHOSH A
AGED 43 YEARS
S/O. ACHUTHAN PILLAI, WORKING AS A WATCHER,
KAVALAYUR DEVASWOM TEMPLE, KAVALAYUR SUB GROUP,
VARKALA GROUP, THIRUVANANTHAPURAM,
(RESIDING AT J.S. BHAVAN, PUTHENCHANTHA, VARKALA,
THIRUVANANTHAPURAM, PIN - 695141
BY ADV J.JAYAKUMAR
RESPONDENTS:
1 TRAVANCORE DEVASWOM BOARD
NANDANCODE, KOWDIAR P.O., THIRUVANANTHAPURAM,
PIN - 695003, REPRESENTED BY ITS SECRETARY.
2 THE COMMISSIONER
TRAVANCORE DEVASWOM BOARD, NANDANCODE,
KOWDIAR P.O., THIRUVANANTHAPURAM, PIN - 695003
3 THE ASSISTANT COMMISSIONER
TRAVANCORE DEVASWOM BOARD, VARKALA GROUP,
THIRUVANANTHAPURAM, PIN - 695141
4 SHAJITHKUMAR
WATCHER, KAPPIL BHAGAWATHI NADA, VARKALA GROUP,
THIRUVANANTHAPURAM., PIN - 695141
BY ADVS.
P.U.VINOD KUMAR
SRI G BIJU, SC FOR TRAVANCORE DEVASWOM BOARD
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 13.09.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No. 23616 of 2023
2
JUDGMENT
The petitioner states that he is presently working as a Watcher at the Kavalayur Sub Group under the Varkala Group. According to the petitioner, he had applied for a general transfer, opting for his first choice at Kavalayur Devaswom, second choice at Kadakkavoor Devaswom, and third choice at Ayiroor Devaswom. According to the petitioner, in the order passed by the 3rd respondent, without considering the options given by the petitioner, he was transferred to Kavalayur Kozhimada temple as Watcher. He states that he has a mother, who is 73 years old and is completely blind. He has also produced records showing that his mother is undergoing treatment at Thiruvananthapuram.
2. When the matter had come up for consideration on 20.7.2023, this Court had ordered that if the petitioner has not been relieved as of 11 a.m., action for the same shall be deferred.
3. I have heard the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the Travancore Devaswom Board. W.P.(C) No. 23616 of 2023 3
4. The learned counsel appearing for the petitioner submitted that the petitioner had submitted a representation requesting reconsideration and that there are vacancies in the second and third choices given by the petitioner.
5. Having considered the facts and circumstances and taking note of the fact that the mother of the petitioner is blind and also the long service rendered by the petitioner, I direct the 1st respondent to reconsider the matter and take a decision as to whether the petitioner can be accommodated in the Devaswoms shown as second and third options by the petitioner. For that limited purpose, Ext.P3 order will stand quashed. Till orders are passed as directed above, the interim order dated 20.7.2023 shall continue.
The writ petition is disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V, JUDGE NS/14/9/2023 W.P.(C) No. 23616 of 2023 4 APPENDIX OF WP(C) 23616/2023 PETITIONER'S EXHIBITS:
Exhibit P-1 TRUE COPY OF THE APPEAL DATED 2/6/2023 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT Exhibit P-2 TRUE COPY OF THE JUDGMENT DATED 7/6/2023 IN WP(C) NO.18449/2023 OF THIS HON'BLE COURT Exhibit P-3 TRUE COPY OF THE ORDER DATED 4/7/2023 OF THE 1ST RESPONDENT Exhibit P-4 TRUE COPY OF THE MEDICAL CERTIFICATE DATED 13/7/2023 ISSUED FROM ANANTHAPURI HOSPITAL, THIRUVANANTHAPURAM TO PETITIONER'S MOTHER SMT. PRABHAVATHY Exhibit P-5 TRUE COPY OF THE APPLICATION DATED 12/7/2023 ALONG WITH HIS APPLICATION FOR GENERAL TRANSFER SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT Exhibit P-6 TRUE COPY OF THE RELEVANT PAGES OF THE ORDER NO.ROC.1461/23/S DATED 25/1/2023 OF THE 2ND RESPONDENT Exhibit P-7 TRUE COPY OF THE RELEVANT PAGES OF ORDER ROC NO.1527/22/MISC.1 DATED 5/3/2022 OF THE 1ST RESPONDENT