Partly allowed

Sreejith.B v. Travancore Devaswom Board

Kerala HC18 Oct 2012WP(C)/19741/2012

Case brief

AI extract

What is this about?

Coram set aside transfer orders containing inadvertent mistakes regarding norms and directed the first respondent to pass proper orders conforming to transfer norms within six weeks, maintaining status quo.

What did the court decide?

Impugned orders set aside; first respondent directed to pass proper orders conforming to transfer norms within six weeks; status quo maintained.

Sreejith.B Vs Travancore Devaswom Board — Service and Employment | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON

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THURSDAY, THE 18TH DAY OF OCTOBER 2012/26TH ASWINA 1934

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WP(C).No. 19741 of 2012 (P)

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PETITIONER(S) :

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SREEJITH.B, AGED 31 YEARS S/O.BRAHMADATHAN NAMBOOTHIRI, SANTHI ALATHARACKAL DEVASWOM, ARANGAL SUB-GROUP NEYYATTINKARA GROUP, RESIDING AT SREE NIVAS THAZHAVA P.O., KARUNAGAPPALLY, KOLLAM.

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BY ADV. SRI.C.UNNIKRISHNAN (KOLLAM)

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RESPONDENT(S) :

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1. TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRTARY, NANTHANCODE, THIRUVANANTHPAURAM - 695 001.

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2. THE DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHPAURAM-695 004.

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3. THE ASSISTANT DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, KARUNAGAPPLLLY GROUP - 686 001.

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4. R.RAJESH, KEEZHSANTHI, KAMANKULANGARA DEVASWOM, KARUNAGAPPALLY GROUP - 686 001.

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5. ADARSH P. NAMBOOTHIRI, KEEZHSANTHI, PANMANA DEVASOM, KARUNAGAPPALLY GROUP - 686 001.

Contd...2/-

AMV

: 2 :

WP(C).No. 19741 of 2012 (P)

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6. SANTHOSHKUMAR D, KEEZSANTHI, SASTHAMKOTTA DEVASOM, KARUNAGAPPALLY GROUP - 686 001.

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R1 TO R3 BY SRI.G.BIJU,SC,TRAVANCORE DEVASWOM BOARD R6 BY ADV. SRI.K.SASIKUMAR R6 BY ADV. SRI.S.ARAVIND

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18-10-2012, ALONG WITH WPC. 20647/2012, WPC. 20657/2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Contd...3/-

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AMV

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WP(C).No. 19741 of 2012 (P)

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APPENDIX

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PETITIONER(S) EXHIBITS :

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EXHIBIT P1. : COPY OF THE ORDER NO.ROC 79/07/SANTHI DATED 21/2/2009 OF THE DEVASWOM COMMISSIONER. EXHIBIT P2. : COPY OF THE MEMO NO.366 DATED 03.09.2010 ISSUED BY THE ASST.DEVASWOM COMMISSIONER, KOLLAM. EXHIBIT P3. : COPY OF THE RELEVING ORDER NO EOP 2947/11/SAB. DATED 21/11/2011 ISSUED BY THE EXECUTIVE OFFICER, SABARIMALA. EXHIBIT P4. : COPY OF THE TRASNFER APPLICATION DATED 22/2/2012 PREFERRED BY THE PETITIONER. EXHIBIT P5. : COPY OF THE GENERAL TRASNFER ORDER NO.ROC/20/12/SANTHI DATED 9/5/2012 ISSUED BY THE DEVASWOM COMMISSIONER. EXHIBIT P6. : COPY OF THE APPEAL PREFERRED BY THE PETITIONER BEFORE TDB. EXHIBIT P7. : COPY OF THE APPELLATE ORDER NO.ROC 4863/12/MISC.1, DATED 14/6/2012 ISSUED BY THE TDB. EXHIBIT P8. : COPY OF THE ORDER NO.1468 DATED 9/5/2012 ISSUED BY THE ASSISTANT COMMISSIONER, KARUNAGAPPALLY. EXHIBIT P9. : COPY OF THE ORDER NO.ROC 20/12/SANTHI DATED 7/7/2012 ISSUED BY THE DEVASWOM COMMISSIONER. EXHIBIT P10. : COPY OF THE ORDER NO.ROC 79/07/SANTHI DATED 24/4/2012 ISSUED BY THE DEVASWOM COMMISSIONER.

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RESPONDENTS' EXHIBITS : NIL

/TRUE COPY/

P.A.TO JUDGE

AMV

P.R.RAMACHANDRA MENON, J.

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W.P.(C) NOs. 19741, 20647 & 20657 of 2012

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Dated this the 18^th day of October, 2012

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JUDGMENT

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Issue involved in all these cases with regard to the transfer and postings ordered by the Commissioner vide Ext.P6 dated 14.06.2012 in W.P.(C) No. 20657/2012 which happens to be the impugned proceedings in the other caseS as well (Ext.P6 in W.P. (C) No.20647/2012 & Ext.P7 in W.P.(C) No.19741/2012).

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When the matters are taken up for further consideration, the learned standing counsel for the Board submits that, in the course of subsequent proceedings, it has come to the notice to the Board that some inadvertent mistakes have crept in, while passing the impugned orders; especially with regard to the relevant norms and the said circumstance, steps are being considered to have the same reconsidered in conformity with the transfer norms. The learned standing counsel submits that, proper orders will be passed as aforesaid within 'six weeks'.

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In the above circumstance, the impugned orders (Ext.P6 in W.P.(C) Nos.20647/12, 20657/12 and Ext.P7 in W.P.(C) NO.19741/12) are set aside and the first respondent is directed to

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W.P.(C) NOs. 19741 of 2012 (P), 20647 & 20657 of 2012

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pass proper orders, in conformity with the transfer norms, as expeditiously as possible, at any rate, within 'six weeks' as aforesaid.

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'Status quo' as on date will continue till such time.

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sd/- P.R.RAMACHANDRA MENON, JUDGE

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AMV

Sreejith.B v. Travancore Devaswom Board

Case brief

What is this about?

What did the court decide?

Sreejith.B v. Travancore Devaswom Board

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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