Kerala High Court
M. S. Muraleedhara Warrier vs Travancore Devaswom Board on 8 July, 2020
Author: C.S.Dias
Bench: C.S.Dias
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 08TH DAY OF JULY 2020 / 17TH ASHADHA, 1942
WP(C).No.13701 OF 2020(K)
PETITIONER:
M. S. MURALEEDHARA WARRIER
AGED 55 YEARS
S/O. G. SANKARA WARRIER, RAGASUDHA,
THIRUVANVANDOOR P. O., CHENGANNUR - 689 109.
(HIGHER GRADE SUB GROUP OFFICER, BUDHANOOR SUB GROUP,
ARANMULA GROUP)
BY ADV. SRI.S.SUBHASH CHAND
RESPONDENTS:
1 TRAVANCORE DEVASWOM BOARD
OFFICE OF THE TRAVANCORE DEVASWOM BOARD, DEVASWOM
BUILDING, NANTHANCODE, THIRUVANANTHAPURAM - 695 003.,
REPRESENTED BY ITS SECRETARY.
2 THE DEVASWOM COMMISSIONER
TRAVANCORE DEVASWOM BOARD, OFFICE OF THE DEVASWOM
COMMISSIONER, DEVASWOM BUILDINGS, NANTHANCODE,
THIRUVANANTHAPURAM - 695 003.
3 THE ASSISTANT DEVASWOM COMMISSIONER
OFFICE OF THE ASSISTANT DEVASWOM COMMISSIONER,
TRAVANCORE DEVASWOM BOARD, ARANMULA, PATHANAMTHITTA -
689 533.
4 THE CHIEF ENGINEER
TRAVANCORE DEVASWOM BOARD, DEVASWOM BOARD HEAD
QUARTERS, DEVASWOM BUILDINGS, NANTHANCODE,
THIRUVANANTHAPURAM - 695 003.
OTHER PRESENT:
SRI G BIJU -SC FOR TDB .
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.07.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.13701 OF 2020(K) 2
JUDGMENT
Dated this the 8th day of July 2020 The petitioner had entered Devaswom service as a temple employee on 20.5.1987.
2. The case of the petitioner is that, later he was promoted and appointed as L.D.Clerk. Subsequently, as per Ext.P3 order, the 2nd respondent had transferred and posted the petitioner as Second Grade Sub Group Officer.
3. The petitioner has contended that there was a condition that, no further transfer would be effected from one wing to another. However, in the case of the petitioner, he was denied service benefits for the entire period he had served as LD clerk in the Maramath Wing. He was also denied seniority and promotion reckoning the above period.
4. On receiving Ext.P6 order, the petitioner has submitted Ext.P7 appeal before the 1st respondent. The petitioner seeks for an expeditious consideration of Ext.P7.
5. Heard the learned counsel for the petitioner and the learned Standing counsel for the respondents.
6. The learned counsel for the petitioner reiterated the contentions pleaded in the writ petition. He prayed WP(C).No.13701 OF 2020(K) 3 that the 1st respondent may be directed to consider and dispose of Ext.P7 within a time frame. The learned standing counsel did not object to the prayer for an expeditious consideration of Ext.P7.
7. Considering the averments pleaded in the writ petition and after hearing the learned counsel for both sides and also taking into consideration the fact that Ext.P7 is pending before the 1st respondent, without going into the merits of the dispute, I deem it appropriate to direct the 1st respondent to consider and dispose of Ext.P7, in accordance with law, within a period of three months from the date of receipt of a copy of this judgment. The petitioner or his respective representative shall be afforded an opportunity of being heard before passing orders on Ext.P7. The petitioner is at liberty to produce a copy of this judgment along with a copy of the memorandum of writ petition before the 1st respondent.
This writ petition is ordered accordingly.
Sd/-
C.S.DIAS JUDGE ska WP(C).No.13701 OF 2020(K) 4 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF PROCEEDINGS BEARING NO.ROC 1045/87/EST. DATED 31.01.2015 OF RESPONDENT NO.2 EXHIBIT P2 TRUE COPY OF OFFICE ORDER NO.382 DATED 11.02.2015 OF RESPONDENT NO.4 EXHIBIT P3 TRUE COPY OF ORDER BEARING ROC 13669/15/EST. DATED 01.12.2015 OF RESPONDENT NO.2 EXHIBIT P4 TRUE COPY OF ORDER BEARING NO.ROC 11/16/EST.(A) DATED 14.02.2017 PASSED BY RESPONDENT NO.2 EXHIBIT P5 TRUE COPY OF ORDER BEARING ROC NO.80/18/EST.(A) DATED 06.06.2018 PASSED BY RESPONDENT NO.2 EXHIBIT P6 TRUE COPY OF ORDER BEARING ROC NO.15417/2011/EST.C DATED 17.02.2020 OF RESPONDENT NO.2 EXHIBIT P7 TRUE COPY OF APPEAL DATED 06.06.2020 SUBMITTED BY THE PETITIONER BEFORE RESPONDENT NO.1.