Disposed

R.G.Radhakrishnan v. Travancore Devaswom Board

Kerala HC5 Mar 2018WP(C)/7260/2018

Case brief

AI extract

What is this about?

A Deputy Devaswom Commissioner filed a writ petition against a transfer order, claiming the new post requires travel which contradicts his medical advice post-cardiac surgery. The court directed the respondent board to consider a fresh representation and pass orders within a month.

What did the court decide?

Directed the 1st respondent to consider the petitioner's representation and pass orders within one month from receipt of the judgment copy.

R.G.Radhakrishnan Vs Travancore Devaswom Board — Service and Employment | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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MONDAY, THE 5TH DAY OF MARCH 2018 / 14TH PHALGUNA, 1939

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WP(C).No. 7260 of 2018

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PETITIONER(S)

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R.G.RADHAKRISHNAN, DEPUTY DEVASWOM COMMISSIONER, HIGH COURT AUDIT SECTION, NOW UNDER ORDER OF TRANSFER AS DEPUTY DEVASWOM COMMISSIONER, THIRUVANANTHAPURAM.

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BY ADV.SRI.D.SOMASUNDARAM

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RESPONDENT(S):

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1. TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM 695 003, REPRESENTED BY ITS SECRETORY.

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2. D. SUDHEESH KUMAR, DEPUTY DEVASWOM COMMISSIONER, (P & S GRC) DEVASWOM COMMISSIONER OFFICE, THIRUVANANTHAPURAM-695 003.

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3. S. ASHOK KUMARY,

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DEPUTY DEVASWOM COMMISSIONER, HIGH COURT AUDIT SECTION, OFFICE OF THE TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM-695 003.

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4. THE PRESIDENT, TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM-695 003.

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5. DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM 695 003.

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R1,R4 & R5 BY ADV. SRI.K.SASIKUMAR, S.C

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05-03-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Msd.

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06/03/2018

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WP(C).No. 7260 of 2018 (F)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1	TRUE COPY OF THE CARDIO VASCULAR AND THORACIC SURGERY CASE SUMMARY AND DISCHARGE CARD ISSUED FORM THE HOSPITAL.
EXHIBIT P2	TRUE COPY OF THE MEDICAL INSTRUCTIONS FOR POST SURGERY PERIOD.
EXHIBIT P3	TRUE COPY OF THE APPOINTMENT CARED FOR THE MEDICAL REVIEW ON 22.3.2018.
EXHIBIT P4	A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 5TH RESPONDENT.
EXHIBIT P4(A)	A TRUE COPY OF THE PROCEEDINGS OF THE BOARD DATED 21.12.2017.
EXHIBIT P5	TRUE COPY OF THE ORDER OF THE SECRETARY ORDERING ENQUIRY BY THE SUPERINTENDENT OF POLICE (VIGILANCE AND SECURITY) DATED 29.12.2017.
EXHIBIT P6	TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE PRESIDENT OF THE BOARD AND TO THE OTHER MEMBER SRI. K.P. SANKARADAS.
EXHIBIT P7 AND	P7(A) TRUE COPY OF THE MEDICAL CERTIFICATE AND THE LEAVE APPLICATION FOR LEAVE FOR TWO DAYS.
EXHIBIT P8	TRUE COPY OF THE REPRESENTATION DATED 17.1.2018 SUBMITTED BY THE PETITIONER TO THE BOARD.
EXHIBIT P9	TRUE COPY OF THE COMMUNICATION DATED 3.2.2018.
EXHIBIT P10	TRUE COPY OF THE ORDER DATED 1.2.2018
EXHIBIT P11	TRUE COPY OF THE LETTER SUBMITTED BY THE COMMISSIONER TO THE SECRETARY.
EXHIBIT P12	TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER.

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RESPONDENT(S)' EXHIBITS :

NIL

//TRUE COPY//

P.S.TO JUDGE

Msd. 06/03/2018

P.V.ASHA J.

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W.P.(C).No.7260 of 2018

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-------------------------------------- Dated this the 5^th day of March, 2018

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JUDGMENT

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The petitioner, who is a Deputy Devaswom

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Commissioner has filed this writ petition aggrieved by his transfer ordered on 01.02.2018 as per Ext.P10 order.

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In Ext.P10 order, it is stated that

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petitioner had requested for a transfer. The case of petitioner is that, his request was for shifting him from Audit Section which is in the upstairs of the building to an office in the ground floor. Petitioner submits that he had undergone a cardiac surgery and pursuant to that he is advised not to undertake travel or climbing of steps.

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It was in the above circumstances that he had requested for a posting in the ground floor of the

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W.P.(C).No.7260 of 2018

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building where he was working in the Audit Section.

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But without considering his request in the proper perspective he was transferred to an office at Thiruvananthapuram against a post which requires extensive travel for which the petitioner is disabled. In view of his physical conditions, his request in the representation was recommended by the Commissioner of Devaswom by Ext.P11 letter but the order of transfer was issued without considering the same. Aggrieved by Ext.P10 order of transfer, petitioner has submitted Ext.P12 representation before the 1^st respondent.

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Heard the learned counsel for the petitioner

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as well as the learned Standing Counsel for the respondents.

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The learned counsel for the petitioner submits that petitioner would be satisfied with a direction to consider Ext.P12 representation.

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In view of the limited relief sought for, this writ petition is disposed of directing the 1^st

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W.P.(C).No.7260 of 2018

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respondent to consider and pass orders on Ext.P12 representation within a period of 'one month' from the date of receipt of a copy of this judgment.

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Accordingly, this writ petition is disposed

of.

Sd/-

P.V.ASHA, JUDGE.

R.G.Radhakrishnan v. Travancore Devaswom Board

Case brief

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R.G.Radhakrishnan v. Travancore Devaswom Board

Case brief

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