M.Mohanan v. the Executive Officer, Thrikkannad Tryambakeshwara Temple

Kerala HC19 Oct 2012WP(C)/4858/2012

Case brief

AI extract

What is this about?

A night watchman challenged his transfer between two temples as a non-transferable post. The court recorded theStanding Counsel's submission regarding a later order to re-transfer the petitioner to the original temple and closed the petition.

What did the court decide?

The writ petition was closed as further orders became unnecessary following a request for re-transfer.

M.Mohanan Vs the Executive Officer, Thrikkannad… — 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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FRIDAY, THE 19TH DAY OF OCTOBER 2012/27TH ASWINA 1934

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WP(C).No. 4858 of 2012 (F)

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PETITIONER(S):

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M.MOHANAN, AGED 39 YEARS NIGHT WATCHMAN-CUM-MIKE OPERATOR TRIKKANNAD TRAYAMBAKESHWARA TEMPLE, TRIKKANNAD BEKAL POST, KASARGOD DISTRICT.

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BY ADVS.SRI.M.SASINDRAN SRI.A.ARUNKUMAR

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RESPONDENT(S):

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1. THE EXECUTIVE OFFICER, THRIKKANNAD TRYAMBAKESHWARA TEMPLE BEKAL POST - 671 318, KASARAGOD DISTRICT.

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2. THE TRUSTEE BOARD CHANDRAGIRI SASTHA - TRIKKANNAD TRAYAMBAKESWHARATEMPLE

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BEKAL POST - 671 318, KASARAGOD DISTRICT

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REPRESENTED BY THE MANAGING TRUSTEE.

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3. K.P.RAJEEVAN NIGHT WATCHMAN, CHANDRAGIRI SASTHA TEMPLE CHANDRAGIRI - 671 317, KASARAGOD DISTRICT.

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4. THE ASSISTANT COMMISSIONER MALABAR DEVASWOM BOARD, KASARAGOD - 671 121.

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R1 BY ADVS. SRI.M.NEERAJ

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SRI.ANIL.D.KAITHAKKAL SRI.K.RAJESH SUKUMARAN SRI.K.K.SUSHEER R3 BY ADV. SRI.M.B.PRAJITH R4 BY ADV. SRI.N.MANOJ KUMAR,SC,MALABAR DEVASWOM

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19-10-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WPC NO.4858/2012

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APPENDIX

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PETITIONER(S) EXHIBITS

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EXT.P-1 A TRUE COPY OF THE PROCEEDINGS DATED 6-2-2006 OF THE EXECUTIVE OFFICER. EXT.P-2 A TRUE COPY OF THE PROCEEDINGS DATED 20-2-2012.

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RESPONDENTS' EXHIBITS

NIL

// TRUE COPY //

P.A. TO JUDGE

P.R.RAMACHANDRA MENON, J.

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W.P.(c) No. 4858 OF 2012

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- - - - Dated this the 19^th day of October , 2012

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JUDGMENT

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The petitioner, who was working as a 'Night Watchman/Mike Operator' in the Trikkannad Trayambakeshwara Temple in Kasargod district came to be transferred to the Chandragiri Sastha Temple as per Ext.P2 order dated 20/02/2012, which is under challenge in this writ petition.

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The case projected by the petitioner is that, the appointment of the petitioner was to the specific temple and that the petitioner was not holding a transferable post.

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The first respondent has filed a counter affidavit stating that Ext.P2 order is by way of 'work arrangement', pursuant to the decision taken by the second respondent Trustee Board on 2.2.2012. But the factual position revealed from the materials on record is that the third respondent, who has been brought in place of the petitioner as per Ext.P2, is also not desirous of the said transfer and he wants to

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W.P.(C)No.4858/2012

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continue at the same place. The first respondent has sought to justify the transfer of the employees concerned, on 'work arrangement', in connection with festivals and such other circumstances. But the question is, whether transfer/mutual shifting of two persons like the petitioner and the third respondent, who are holding similar posts in the two different temples, could be regarded as a 'work arrangement'.

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Pursuant to the query raised by this Court on the last occasion, the learned Standing Counsel for the Board appearing for the first respondent submits that respondents 1 and 2 have taken a decision on 10.10.2012 to re-transfer the petitioner to the post of 'Night Watchman/Mike Operator' at Trikkannad Trayambakeshwara Temple in Kasargod district.

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In the above circumstances, this Court does not find any necessity to pass further orders. The submission made as above is recorded and the writ petition is closed accordingly.

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P.R.RAMACHANDRA MENON JUDGE

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sv.

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W.P.(C)No.4858/2012 3

M.Mohanan v. the Executive Officer, Thrikkannad Tryambakeshwara Temple

Case brief

What is this about?

What did the court decide?

M.Mohanan v. the Executive Officer, Thrikkannad Tryambakeshwara Temple

Case brief

What is this about?

What did the court decide?

What the court decided

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