The Court permitted the petitioner to file an appeal against an order cancelling a transfer and directed the Board to decide on the appeal within four weeks while maintaining status quo.
Permitted petitioner to file an appeal against Exhibit P2 within two weeks; directed Board to decide within four weeks; status quo maintained.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE V.GIRI
FRIDAY, THE 4TH JANUARY 2008 / 14TH POUSHA 1929
WP(C).No. 68 of 2008(G)
PETITIONER:
A.V.SANKARAN NAMBOODIRI SANTHI,THOTTACKATU DEVASWOM, PAKKIL SUB GROUP, KOTTAYAM DISTRICT.
BY ADV. SRI.D.SOMASUNDARAM
RESPONDENTS:
BY ADV. SRI.K.N.VENUGOPALA PANICKER, SC, TDB
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
V.GIRI,J.
W.P ( C) No. 68 of 2008
Dated this the 4th January, 2008
J U D G M E N T
The petitioner is a Santhi in the Travancore Devaswom Board. While working as Santhi in Thaliyil Devaswom in Parapad Sub Group, coming to know that a vacancy will arise in the Thottackattu Devaswom, he applied for a transfer. The 3rd respondent was then working in the Thottackattu Devaswom. According to the petitioner, there were complaints against Devaswom employees then stationed in the Thottackattu Devaswom including the 3rd respondent. By Exhibit P1 order, the petitioner was transferred to Thottackattu Devaswom and the 3rd respondent was transferred to Thaliyil Devaswom. Exhibit P1 is an order passed by the Assistant Devaswom Commissioner, stated to be an order of transfer. Subsequently on 29.12.2007, Exhibit P2 communication has been issued by the Devaswom Commissioner to Assistant Devaswom Commissioner purporting to cancel Exhibit P1. Petitioner challenges Exhibit P2.
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W.P ( C) No. 68 of 2008
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W.P ( C) No. 68 of 2008
In the result, I dispose of this writ petition permitting the petitioner to file an appeal against Exhibit P2. If it is so done, within two weeks from today, the 1st respondent Board shall after notice to the petitioner and 3rd respondent, take a decision thereon, within four weeks thereafter. Till orders are passed by the Board, status quo prevalent as on date shall be maintained. I make it clear that I have not expressed any opinion on the merits of the contentions of the petitioner or the Board.
(V.GIRI, JUDGE)
ma
W.P ( C) No. 68 of 2008
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K.THANKAPPAN,J
CRL.A. NO.92 OF 1999
ORDER
V.GIRI,J.
W.P ( C) No. 68 of 2008
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W.P ( C) No. of 2008 -------------------------Dated this the 2nd January, 2008
J U D G M E N T
(V.GIRI, JUDGE)
ma
W.P ( C) No. 68 of 2008
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K.THANKAPPAN,J
CRL.A. NO.92 OF 1999
ORDER
25th May, 2007
25th May, 2007
2 issues framed by the court
Whether the Commissioner of Travancore Devaswom Board has the power to review an order of transfer.
Whether the petitioner was heard before the decision to cancel the transfer order was taken.
A.V.SANKARAN NAMBOODIRI SANTHI,THOTTACKATU DEVASWOM, PAKKIL SUB GROUP, KOTTAYAM DISTRICT.
TRAVANCORE DEVASWOM BOARD REPRESENTED BY ITS SECRETARY THIRUVANANTHAPURAM
DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD THIRUVANANTHAPURAM
JAGADISH KUMAR,SANTI THALIYIL DEVASWOM, PARAPAD SUB GROUP KOTTAYAM DISTRICT
ASSISTANT DEVASWOM COMMOSSIONER KOTTAYAM
V. GIRI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
