IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 9TH JULY 2009 / 18TH ASHADHA 1931 WP(C).No. 18659 of 2009(B) -------------------------------------- PETITIONER(S): ------------------------- JAYAKUMAR.S., S/O.SREEKANTAN NAIR, LATHA NIVAS, THILLAMANGALAM, VATTIYOORKAVU P.O., THIRUVANANTHAPURAM. BY ADV. MR.RAJESH VIJAYAN RESPONDENT(S): ------------------------- 1. TRAVANCORE DEVASWOM BOARD, REP.BY DEVASWOM COMMISSIONER, OFFICE OF THE DEVASWOM COMMISSIONER, THIRUVANANTHAPURAM. 2. ASSISTANT DEVASWOM COMMISSIONER, THRIKKARIYOOR GROUP, THRIKKARIYOOR, KOTHAMANGALAM. BY MR.S.GOPAL, SC, TDB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss P.N.RAVINDRAN, J. ----------------------------- W.P(C) No. 18659 of 2009-B ------------------------------ Dated this the 9th day of July, 2009. J U D G M E N T Heard Sri.Rajesh Vijayan, the learned counsel appearing for the petitioner and Sri.P.Gopal, the learned standing counsel appearing for the Travancore Devaswom Board. 2. The petitioner who belongs to Thiruvananthapuram District was posted as Watcher at Pinmattom Devaswom three years back. He is residing at Vattiyoorkavu, which is about 20 Kms away from Pinmattom Devaswom Temple. By Ext.P1 order passed on 11.6.2009, the Assistant Devaswom Commissioner transferred and posted the petitioner at Arayikkad Devaswom which is about 60 Kms away from his place of residence. In this writ petition, the petitioner challenges Ext.P1 order of transfer mainly on the ground that he was not given the chance to opt the stations to which he seeks transfer. 3. The learned standing counsel appearing for the Travancore Devaswom Board submits that petitioner did not submit any option and therefore he was transferred to Arayikkad Temple by Ext.P1 order of transfer issued by the Assistant Devaswom Commissioner applying the guidelines governing transfer and posting of Devaswom employees. Ext.P1 discloses that no substitute has been appointed in the petitioner’s W.P(C) No. 18659 of 2009-B 2 place. As per the guidelines governing transfer and posting of Devaswom employees, an appeal lies to the Devaswom Commissioner from the order of transfer. Though the petitioner has filed Ext.P3 representation before the Devaswom Commissioner, it does not set out any reason justifying the petitioner’s request to cancel his transfer. In my opinion, the petitioner ought to have moved the Devaswom Commissioner by filing an appeal challenging Ext.P1. I accordingly dispose of this writ petition with the direction that in the event of the petitioner filing an appeal before the Devaswom Commissioner within two weeks from the date of receipt of a certified copy of this judgment, the Devaswom Commissioner shall consider the same and pass orders thereon within three weeks thereafter, after affording the petitioner a reasonable opportunity of being heard. Since no substitute has been appointed in the petitioner's place at Pinmattom Devaswom, I also direct that till orders are passed by the Devaswom Commissioner on the appeal to be filed by the petitioner, the petitioner shall be retained at Pinmattom Devaswom. The writ petition is disposed of as above. No costs. Sd/- P.N.RAVINDRAN JUDGE //True Copy// ab PA to Judge