Petitioner challenged transfer order posting him to Manacaud Devaswom while he had joined Eraviperoor only six months ago, alleging bias to favour a senior incumbent.
Petitioner directed to continue at Eraviperoor till final order; Respondent to consider representation within four weeks after hearing both parties.
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 SMT. JUSTICE P.V.ASHA
FRIDAY, THE 2ND DAY OF FEBRUARY 2018 / 13TH MAGHA, 1939
WP(C).No. 3304 of 2018
----------------------
PETITIONER
SOMASEKHARAN NAIR N, AGED 47 YEARS, S/O.NEELAKANTAN NAIR, WORKING AS PANCHAVADYAM, RESIDING AT BINDHUBHAVAN, VALIYASALA, TRIVANDRUM-695 005.
BY ADV.SRI.S.KRISHNAMOORTHY
RESPONDENT(S):
1. TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, NANTHANCODE, TRIVANDRUM-695 003.
2. THE DEVASWOM BOARD COMMISSIONER, TRAVANCORE DEVASWOM BOARD, NANTHANCODE, TRIVANDRUM-695 003.
3. THE ASSISTANT DEVASOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, NANTHANCODE, TRIVANDRUM-695 003.
4. ANILKUMAR, WORKING AS PANCHAVADYAM, ERAVIPEROOR, CHAMPAKASSERY, TRIVADNRUM-695 005.
R1 TO R3 BY SRI.K.SASIKUMAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K.V.
WP(C).No. 3304 of 2018 (K)
PETITIONER(S)' EXHIBITS
EXHIBIT P1. TRUE COPY OF THE TRANSFER ORDER DATED 19/1/2018.
EXHIBIT P2. TRUE COPY OF THE REPRESENTATION SUBMITTED BY
THE PETITIONER
RESPONDENTS EXHIBITS: NIL
K.V. P.S.TO JUDGE
P.V.ASHA, J.
W.P.(C) No.3304 of 2018
Dated this the 2nd day of February, 2018
JUDGMENT
The petitioner, who is working as Panchavadyam in Eraviperoor Devaswom, filed this writ petition challenging Ext.P1 order by which he is posted at Manacaud Devaswom on working arrangement. The petitioner submits that there are two persons working as Panchavadyam in Eraviperoor and the petitioner had joined Eraviperoor on transfer only six months back. According to the petitioner the 4th respondent who is occupying the same post in Eraviperoor Devaswom has already completed three years and shifting the petitioner to Manacaud Devaswom is only to favour the 4th respondent. Pointing out this, the petitioner has submitted Ext.P2 representation before 2nd respondent.
W.P.(C) No.3304/18
:2:
2nd respondent considers Ext.P2 representation.
Accordingly, the writ petition is disposed of, directing the 2nd respondent to consider Ext.P2 representation, after affording an opportunity of hearing to the petitioner as well as the 4th respondent and pass orders within a period of four weeks. Till such time the petitioner shall be allowed to continue at Eraviperoor.
P.V.ASHA JUDGE
rkc
1 issue framed by the court
Whether a transferred employee working for six months should be shifted to another station while another employee at his original station has completed three years.
Somasekharan Nair N
Travancore Devaswom Board
The Devaswom Board Commissioner
The Assistant Devasom Commissioner
Anil Kumar
P.V. Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
