IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 16TH JULY 2010 / 25TH ASHADHA 1932 WP(C).No. 20746 of 2010(P) -------------------------- PETITIONER(S): --------------- SANKARAN NAMBOOTHIRI, S/O. NARASIMHAM NAMBOOTHIRI, NEELAMANA ILLAM, KANDIYOOR, THATTAMBALAM.P.O., MAVELIKKARA, PRESENTLY WORKING AS KEEZHSANTHI AT CHETIKULANGARA TEMPLE. BY ADV. SRI.G.BENO RESPONDENT(S): --------------- 1. TRAVANCORE DEVASWAM BOARD, REPRESENTED BY ITS SECRETARY, NANTHACODE, THIRUVANANTHAPURAM. 2. COMMISSIONER OF DEVASWAM, TRAVANCORE DEVASWAM BOARD OFFICE, THIRUVANANTHAPURAM. 3. ASST. DEVASWAM COMMISSIONER, TRAVANCORE DEVASWAM BOARD, MAVELIKKARA GROUP, MAVALIKKARA. 4. KESAVAN NAMBOOTHIRI, S/O. SUBRAMANIYAN NAMBOOTHIRI, CHERUTHALA MADOM, CHERUKOL.P.O., MAVELIKKARA, NOW RESIDING AT GOURIVIHAR, KOTTAR KAVU, MAVELIKKARA.P.O.,WORKING AS SANTHI SREENARAYANA-PU RAM, KANNAMANGALAM(N),CHETTIKULANGARA-690106. ADV. SRI.P.G.PARAMESWARA PANICKER, SENIOR ADVOCATE FOR R1-3 SRI.P.GOPAL FOR R1-3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/07/2010, ALONG WITH WPC NO. 20758 OF 2010 & WPC NO. 21754 OF 2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) Nos.20746,20758 & 21754/2010 -------------------------------------------------- Dated this the 13th day of July, 2010 J U D G M E N T In these writ petitions the issue is regarding the transfer and posting of Santhies working in the Mavelikkara Group of Travancore Devaswom. 2. In so far as the petitioner in WP(c).No.20746/2010 is concerned, while working as Santhi in the Chettikulangara temple, he applied for transfer and was transferred and posted to Navagraha temple, Mavelikkara. The 4th respondent in this writ petition, who has also filed WP(c).No.21754/2010, was transferred from Sreenarayana Temple and posted at Mavelikkara Temple. It would appear that pursuant to the order passed by the Devaswom Commissioner in an appeal filed by the 5th respondent in WP(c). No.20758/2010, the 4th respondent was posted to Kuttikulangara temple. He represented for a convenient posting at Mavelikkara. In view of his physical ailments it would appear that his request was allowed and he was posted at Navagragha temple and the petitioner in WP(c).No.20746/2010 was posted to Kuttikulangra temple to WPC.No. 20746/2010 & Conn. :2 : which the 4th respondent was posted. It is this order which is challenged by the petitioner in WP(c).No.20746/2010. 3. In so far as the petitioner in WP(c).No.20758/2010 is concerned, he is to retire from service on 30.11.2010. He was posted at Sreekrishnaswamy Temple, Mavelikara and from there he was transfered and posted to Keerthipuram Temple. He filed appeal and that was rejected. His contention is that in view of the provisions contained in the transfer guidelines, an employee like him having less than 2 years of service shall not be disturbed from the station where he is working, except on an application from the employee concerned or on complaint received against him. He says that he did not make any application for transfer and that there was no complaint against him and that therefore he ought not have been transferred. 4. Pursuant to the interim orders of status quo that is passed by this court, petitioner in WP(c).No.20746/2010 is continuing at Chettikulangara and the petitioner in WP(c).No.21754/2010 is is continuing at Mavelikkara. WPC.No. 20746/2010 & Conn. :3 : 5. In so far as the petitioner in WP(c).No.20758/2010 is concerned, as rightly pointed out by the learned Counsel for the petitioner, in terms of the provisions contained in the transfer guidelines, in the absence of an application for transfer made by the employee concerned or in the absence of a complaint against him, he is entitled to continue in the present station. Therefore he should be retained at Mavelikkara Sree Krishna Temple until he attains the age of superannuation and retire from service on 30.11.2010. Therefore, Petitioner in WP(c).No.20578/2010 shall be allowed to continue at the present station and there will be a direction to that effect. 6. In so far as the petitioner in WP(c).No.20746/2010 is concerned, he is presently continuing at Chettikulangrara Temple. As already stated, the petitioner was posted to Navagragha temple and in order to accommodate the petitioner in WP(c). No.21754/2010 at Navagragha temple he was transferred and posted at Kuttikulangara temple. Having regard to the factual aspects, I feel that it is only appropriate that, for the present, the petitioner in WP(c).No.21754/2010 shall be permitted to join at WPC.No. 20746/2010 & Conn. :4 : Navagragha temple, Mavelikkara and for the present the petitioner in WP(c).No.20746/2010 shall be allowed to continue at Chettikulangra temple. It is made clear that the Devaswom Commissioner of the first respondent Board will pass appropriate orders in regard to the posting and continuance of the petitioners in WP(c). Nos.20746/2010 & 21754/2010 and the 5th respondent in WP(c).No.20758/2010. Writ Petitions are disposed of as above. (ANTONY DOMINIC) JUDGE vi/