Kerala High Court
Rengith B.G vs Travancore Devaswom Board on 26 May, 2017
Author: P.V.Asha
Bench: P.V.Asha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE SMT. JUSTICE P.V.ASHA
TUESDAY, THE 8TH DAYOF AUGUST 2017/17TH SRAVANA, 1939
WP(C).No. 26020 of 2017 (B)
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PETITIONER(S):
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RENGITH B.G,
AGED 36, S/O. K.R.BHUVANENDRAN,
TC.16/1061, K.R.BHAVAN,
K.R.NAGAR, JAGATHY,
THYCAUD PO., THIRUVANANTHAPURAM
PIN-695014
(NOW WORKING AS WATCHER,
PALAYAM VINAYAKAR DEVASWOM,
ULLOOR GROUP).
BY ADV. SRI.D.AJITHKUMAR
RESPONDENT(S):
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1. TRAVANCORE DEVASWOM BOARD,
REPRESENTED BY ITS SECRETARY,
NATHANCODE, THIRUVANANTHAPURAM
PIN-695010.
2. SECRETARY,
TRAVANCORE DEVASWOM BOARD,
NANTHANCODE, THIRUVANANTHAPURAM PIN-695010.
3. DEVASWOM COMMISSIONER,
TRAVANCORE DEVASWOM BOARD,NANTHANCODE,
THIRUVANANTHAPURAM PIN-695010.
4. ASSISTANT COMMISSIONER,
OFFICE OF ASSISTANT COMMISSIONER,
ULLOOR GROUP TRAVANCORE DEVASWOM BOARD,
THIRUVANANTHAPURAM PIN-695011.
TS
WP(C).No. 26020 of 2017 (B)
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5. SUB GROUP OFFICER,
PALAYAM OTC SUB GROUP,
ULLOOR GROUP TRAVANCORE DEVASWOM BOARD,
THIRUVANANTHAPURAM PIN-695011.
6. MANOHARA NAIDU,
P.D.PANGODU DEVASWOM,
ULLOOR GROUP TRAVANCORE DEVASWOM BOARD,
THIRUVANANTHAPURAM PIN-695011.
R BY SRI.T.K.AJITH KUMAR, SC, TDB
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 08-08-2017, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
TS
WP(C).No. 26020 of 2017 (B)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1: TRUE COPY OF ORDER OF THE 4TH RESPONDENT
DATED 26.5.2017.
EXHIBIT P2; TRUE COPY OF SUSPENSION ORDER DATED 16.4.2016 ISSUED BY
3RD RESPONDENT.
EXHIBIT P3: TRUE COPY OF REPLY OF THE PETITIONER TO EXHIBIT P2
DATED 27.4.2016.
EXHIBIT P4: TRUE COPY OF ORDER ROC NO.6805/16/MIS DATED 3.5.2016 BY
THE 3RD RESPONDENT
EXHIBIT P5: TRUE COPY OF THE RELIEVING ORDER ISSUED BY THE SUB
GROUP OFFICER, PARASSALA.
EXHIBIT P6: TRUE COPY OF THE ORDER OF THE ASSISTANT DEVASWOM
COMMISSIONER, NEYYATTINKARA DATED 6.4.2017.
EXHIBIT P7: TRUE COPY OF ORDER DATED 10.05.2017 ISSUED BY THE 3RD
RESPONDENT.
EXHIBIT P8: TRUE COPY OF ORDER DATED 16.6.2017 OF THE 4TH
RESPONDENT.
EXHIBIT P9: TRUE COPY OF APPEAL AGAINST EXHIBIT P8 ORDER FILED
BEFORE THE 3RD RESPONDENT DATED 1.7.2017.
RESPONDENT(S)' EXHIBITS - NIL
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/TRUE COPY/
PS TO JUDGE
TS
P.V.ASHA J.
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W.P.(C).No.26020 of 2017
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Dated this the 8th day of August, 2017
J U D G M E N T
Petitioner, who is working as a Watcher in Palayam Vinayakar Devaswom in Ulloor Group, is aggrieved by Ext.P8 order of transfer by which he is posted to Peroor Devaswom. Simultaneously, the 6th respondent from P.D.Pangodu Devaswom is posted in his place. Petitioner submits that he had been subjected to intermittent transfers almost every 2 months since the year 2014 onwards. According to him, it is a measure of victimisation since petitioner had submitted a complaint against a Sub Group Officer who demanded bribe from him, for issuing a salary certificate and at the instance of petitioner that Sub Group Officer was arrested. At any rate, petitioner submits that he was placed under suspension on two occasion thereafter, he was reinstated and posted in different Devaswoms. Petitioner has pointed out his grievances in Ext.P9 appeal.
2. Learned Standing Counsel points out that the appeal should have been filed before the Deputy Devaswom W.P.(C).No.26020 of 2017 2 Commissioner, Thiruvananthapuram, who is the competent authority. But the petitioner has preferred Ext.P9 appeal before the Commissioner of Devaswom.
As the petitioner has preferred an appeal, I deem it appropriate to direct the 3rd respondent to transmit the same to the competent authority to consider the appeal i.e., to Deputy Commissioner of Devaswom. The Deputy Commissioner of Devaswom shall consider and pass orders on Ext.P9 appeal within a period of 'one month' from the date of receipt of a copy of this judgment.
Petitioner shall furnish a copy of the writ petition as well as a copy of the judgment before the Deputy Commissioner of Devaswom. Learned Standing Counsel shall communicate the same to the Deputy Commissioner of Devaswom.
The learned counsel for the petitioner submits that the 6th respondent is not relieved and has not joined in his place on the basis of Ext.P8 order of transfer. In the above circumstances, the petitioner shall be allowed to continue in the present Devaswom, till orders are passed.
Sd/-
P.V.ASHA, JUDGE.
AS