IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 29TH JULY 2009 / 7TH SRAVANA 1931 WP(C).No. 18728 of 2009(I) ------------------------------------- PETITIONER(S): ---------------------- K.K. RADHAKRISHNAN NAMBOOTHIRI, FIRST GRADE SUB GROUP OFFICER, BUDHANOOR SUB GROUP, ARANMULA GROUP. BY ADV.MR. S.KRISHNAMOORTHY RESPONDENT(S): ----------------------- 1. TRAVANCORE DEVASWOM BOARD REP. BY ITS SECRETARYT NANDANCODE, THIRUVANANTHAPURAM. 2. CHIEF COMMISSIONER, TRAVANCORE DEVASWOM BOARD, NANDANCODE, THIRUVANANTHAPURAM. 3. DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, NANDANCODE, THIRUVANANTHAPURAM. 4. S. VIJAYAKUMAR FIRST GRADE SUB GROUP OFFICER, TRIKODISHWARAM SUB GROUP, PUNALOOR. R1 TO R3 BY MR.P.G.PARAMESWARA PANICKER, SENIOR ADVOCATE R1 TO R3 BY ADV.MR.P.GOPAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------- W.P(C) No.18728 of 2009-I ------------------------------ Dated this the 29th day of July, 2009. J U D G M E N T The petitioner, who is a first Grade Sub Group Officer in the service of the Travancore Devaswom Board was placed under suspension on 4.9.2008 by the Travancore Devaswom Board, while he was working as Sub Group Officer of Elevumthitta Sub Group in Aranmula Group of Temples. On his application, the order of suspension was reviewed by Ext.P2 order dated 18.5.2009 and he was reinstated in service without prejudice to the continuance of the disciplinary action. It was also ordered that subject to the orders to be passed at the time of general transfer, he will be reinstated in service as Sub Group Officer in Budhanoor Sub Group under Aranmula Group. Later at the time of general transfer Ext.P4 order dated 10.6.2009 was issued transferring the petitioner to Elevumthitta Sub Group in Aranmula Group, that is the Sub Group in which he was working on the date on which he was placed under suspension. The fourth respondent is the substitute appointed in the petitioner’s place in the Budhanoor Sub Group. In this writ petition the petitioner challenges his transfer from Budhanoor Sub Group to Elevumthitta Sub Group. W.P(C) No.18728 of 2009-I 2 2. Sri.P.Gopal, the learned standing counsel appearing for the Travancore Devaswom Board submits that by Ext.P4 order the Travancore Devaswom Board has posted the petitioner in the same office where he was working on the date on which he was placed under suspension and that this was done taking note of the request made by him in his representation dated 17.6.2009 submitted before the Devasom Commissioner. The learned standing counsel appearing for the respondents submits that the petitioner had in his representation requested that at the time of general transfer he may either be retained in Budhanoor or transferred to Elevumthitta Sub Group or Trippara and that taking note of his request he was transferred and posted back as Sub Group Officer in Elevumthitta. I have considered the submissions made at the Bar by the learned counsel appearing on either side. In my opinion, the effect of Ext.P4 is that the petitioner is posted in the same station where was working on the date on which he was placed under suspension. It is evident from the submissions made at the Bar by the learned standing counsel appearing for the Travancore Devaswom Board that the petitioner had in his representation opted Elevumthitta as a station of his choice. The petitioner cannot therefore be said to be a person who is really aggrieved by Ext.P4 order of transfer. Ext.P2 order of reinstatement passed only on 18.5.2009. Ext.P4 was order passed within one month thereafter. Since W.P(C) No.18728 of 2009-I 3 the petitioner has been posted in a station of his choice, I am persuaded to hold that there is no merit in the challenge to Ext.P4. The writ petition fails and is accordingly dismissed. Sd/- P.N.RAVINDRAN, ab JUDGE //True Copy// PA to Judge