Court directed Travancore Devaswom Board to take a final decision on transfer postings of petitioners after giving reasonable opportunity of hearing, staying status quo pending final orders.
Direction to Travancore Devaswom Board to take final decision on transfer of all parties within one month; 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 SUNIL THOMAS
MONDAY, THE 8TH DAY OF NOVEMBER 2021 / 17TH KARTHIKA, 1943
WP(C) NO. 20751 OF 2021
PETITIONER:
PREMKUMAR D. AGED 54 YEARS S/O. DAMODARAN, MELSHANTHI, SREE SHARKARA DEVI TEMPLE, CHIRAYINKEEZH, THIRUVANANTHAPURAM, RESIDING AT NANDANAM, EDAVATTOM, CHIRAKKARA P. O., KOLLAM - 691 578.
BY ADVS. S.MANU K.S.PRENJITH KUMAR BEA MARY BENNY
RESPONDENTS:
1 TRAVANCORE DEVASWOM BOARD - TDB REPRESENTED BY ITS SECRETARY, OFFICE OF THE TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM, PIN - 695 003.
2 THE SECRETARY TRAVANCORE DEVASWOM BOARD, OFFICE OF THE TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM, PIN - 695 003.
3 THE COMMISSIONER TRAVANCORE DEVASWOM BOARD, OFFICE OF THE TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM, PIN - 695 003. 4 THE ASSISTANT COMMISSIONER TRAVANCORE DEVASWOM BOARD, VARKALA GROUP, THIRUVANANTHAPURAM, PIN - 695 141. 5 K. MADHAVAN POTTI AGED 40 YEARS S/O. KRISHNAN POTTI, SANTHI, THIRUVARATTUKAV DEVASWOM, PALOOR MADAM, KOTTUKUNNAM P. O., VAMANAPURAM P. O., THIRUVANANTHAPURAM, PIN - 695 606.
WP(C) Nos.20751/2021 & 20449/2021 2
6 GOPALAKRISHNA RAO AGED 48 YEARS S/O. VARADARAJAN POTTI, KEEZH SANTHI, VARKALA DEVASWOM, VARKALA, PIN - 695 141, RESIDING AT G. N. NILAYAM, VENKULAM, EDAVA, VARKALA, THIRUVANANTHAPURAM, PIN -695 311.
OTHER PRESENT:
SC,C.K PAVITHRAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.11.2021, ALONG WITH WP(C).20449/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.20751/2021 & 20449/2021 3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
MONDAY, THE 8TH DAY OF NOVEMBER 2021 / 17TH KARTHIKA, 1943
WP(C) NO. 20449 OF 2021
PETITIONERS:
GOPALA KRISHNA RAO, AGED 48 YEARS S/O.BHARATHA RAJAN POTTI, KEEZH SHANTHI, VARKALA DEVASWOM, VARKALA-695 141, THIRUVANANTHAPURAM DISTRICT, RESIDING AT GN NILAYAM, VENKULAM, EDAVA, VARKALA-695 311, THIRUVANANTHAPURAM DISTRICT.
BY ADVS. ELVIN PETER P.J. K.R.GANESH SIDHARTH SUDHEER GOURI BALAGOPAL
RESPONDENTS:
1 TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, OFFICE OF THE TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM-695 003.
3 THE COMMISSIONER, TRAVANCORE DEVASWOM BOARD, OFFICE OF THE DEVASWOM COMMISSIONER, NANTHANCODE, THIRUVANANTHAPURAM-695 003.
BY ADVS.
SRI.C.K.PAVITHRAN, SC, TDB J.JAYAKUMAR
WP(C) Nos.20751/2021 & 20449/2021 4
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.11.2021, ALONG WITH WP(C).20751/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.20751/2021 & 20449/2021 5
JUDGMENT
The petitioner in W.P.(C) No.20751/2021, who is santhikaran, responded to the circular inviting applications for transfer and posting for the year 2021. His first two choices were Sree Sarkara Devi Temple, Chirayankeezhu and Ayroor Anchumoorthy Temple, Ayroor. He was given posting at Ayroor Anchumoorthy Temple, Ayroor. Subsequently, he filed Ext.P2 appeal pursuant to which, the order was cancelled. He was posted at Sree Sarkara Devi Temple. In the meanwhile, the 5th respondent herein had moved this court praying for an early consideration of the appeal filed by him challenging his transfer. This court, vide Ext.P3 judgment, directed the first respondent therein to consider the appeal preferred by the 5th respondent, after hearing the affected persons. By Ext.P4 order, it was found that the appeal preferred by the petitioner herein was allowed on a wrong premise without taking into note of the fact that clause (8) of the transfer rule provided that, if a person has been given his choice of posting, he is not entitled to challenge it in appeal. Accordingly, petitioner's transfer and posting at Sree Sarkara Devi Temple was set aside. Ext.P4 is under challenge in W.P.(C) No.20751/2021.
WP(C) Nos.20751/2021 & 20449/2021 6
directed the 3rd respondent to consider the appeal filed by the 4th respondent. The 2nd respondent, by Ext.P7 order, held that the petitioner, whose second option was allowed, was not entitled to challenge it in appeal . Posting of the petitioner at Varkala Janardhana Swamy temple was set aside. This is under challenge in W.P.(C) No.20449/2021.
WP(C) Nos.20751/2021 & 20449/2021 7
The writ petitions are disposed of as above.
Sd/-
SUNIL THOMAS Judge
dpk
WP(C) Nos.20751/2021 & 20449/2021 8
APPENDIX OF WP(C) 20449/2021
PETITIONER EXHIBITS
| Exhibit P1 | TRUE COPY OF THE CIRCULAR ROC NO.03/2020/S DATED 15.02.2020 ISSUED BY THE 3RD RESPONDENT. |
|---|---|
| Exhibit P2 | TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER FOR TRANSFER DATED 02.03.2021. |
| Exhibit P3 | TRUE COPY OF THE ORDER NO.1083 DATED 10.06.2021 ISSUED BY THE ASST. DEVASWOM COMMISSIONER, VARKALA. |
| Exhibit P4 | TRUE COPY OF THE APPEAL SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 14.06.2021. |
| Exhibit P5 | TRUE COPY OF THE ORDER NO.95/8/2021 DATED 09.08.2021 ISSUED BY THE SUB GROUP OFFICER, KAPPIL SUB GROUP. |
| Exhibit P6 | TRUE COPY OF THE JUDGMENT DATED 11.08.2021 IN WPC NO.16384/2021 OF THIS HON'BLE COURT. |
| Exhibit P7 | TRUE COPY OF THE ORDER ROC NO.6985/21/MIS.1 DATED 24.09.2021 ISSUED BY THE 2ND RESPONDENT. |
WP(C) Nos.20751/2021 & 20449/2021 9
APPENDIX OF WP(C) 20751/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE CIRCULAR BEARING ROC NO.46/2021/S DATED 18.02.2021 ISSUED BY THE 3RD RESPONDENT. Exhibit P2 TRUE COPY OF THE APPEAL DATED 14.06.2021 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 11.08.2021 OF THIS HON'BLE COURT IN WP(C) NO.16256 OF 2021. Exhibit P4 TRUE COPY OF THE ORDER BEARING ROC NO.6797/23/MIS.1 DATED 24.09.2021 ISSUED BY THE 2ND RESPONDENT. Exhibit P5 TRUE COPY OF THE INTERIM ORDER DATED 28.09.2021 IN WP(C) NO.20449 OF 2021 OF THIS HON'BLE COURT.
3 issues framed by the court
Whether a post holder granted their choice of posting is entitled to challenge the transfer under clause 8 and clause 9 of the transfer rules.
Whether complex rival claims regarding transfer postings can be finally adjudicated by the court in interim orders.
Whether clause 9 regarding seniority applies when there are applicants for the same post in the context of transfer disputes.
Premarkar D.
Travancore Devaswom Board
Gopala Krishna Rao
Sunil Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
