IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 1ST JUNE 2010 / 11TH JYAISTHA 1932 WP(C).No. 16267 of 2010(G) -------------------------- PETITIONER: --------------- R.SHAJI SHARMA, PRESIDENT, TRAVANCORE DEVASWOM EMPLOYEES CONFEDERATION JUNCTION, KOWDIAR P.O., NANDANCODE. BY ADV. SRI.S.KRISHNAMOORTHY RESPONDENTS: --------------- 1. TRAVANCORE DEVASWOM BOARD, REP. BY ITS SECRETARY, NANDANCODE, THIRUVANANTHAPURAM. 2. THE CHIEF COMMISSIONER, TRAVANCORE DEVASWOM BOARD, DEVASWOM BOARD SECRETARIAT, THIRUVANANTHAPURAM. 3. DEVASWOM COMMISSIONER, OFFICE OF THE DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, NANDANCODE, THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI. LAKSHMI NARAYAN ADV. SRI.P.G.PARAMESWARA PANICKER, SENIOR ADVOCATE FOR R1-R3 SRI.P.GOPAL FOR R1-R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. --------------------------- W.P.(C) No. 16267 OF 2010 -------------------------- Dated this the 1st day of June, 2010 J U D G M E N T Ramachandran Nair, J. This writ petition is filed by an unrecognised union challenging the order issued by the Chief Commissioner delegating the powers of the Devaswom board to effect transfers of gazetted officers other than the Deputy Commissioner to the Devaswom Commissioner. The Commissioner after considering the representations from gazetted officers, transferred 67 persons. Out of them, 37 have filed appeals before the Chief Commissioner. The Chief Commissioner forwarded the appeals to the Devaswom Commissioner, who has appeared today as per the order of this Court and submitted that remarks have already been forwarded to the Chief Commissioner. The learned Senior counsel appearing for the Chief Commissioner, who is holding the charge of Devaswom board, submitted that the Chief Commissioner should exercise the powers of Devaswom board and the appeals could be disposed of within a week from now. Since the scheme under Ext.P1 provides for delegation of powers of transfer to the Devaswom Commissioner and since W.P.(C)..No.16267/2010 2 appeal is provided to the Chief Commissioner against such transfers, we think the Chief Commissioner has to only dispose of the appeals at the earliest. We therefore dispose of the writ petition by directing the Chief Commissioner to dispose of the appeals filed before him after considering the grounds raised in the appeals and the remarks of the Devaswom Commissioner. 2. Even though the counsel for the petitioners raised various other contentions and the authority of the Chief Commissioner delegating the powers to transfer gazetted officers to the Devaswom Commissioner, we do not think there is any need to consider these matters now which the petitioners or any other aggrieved person can raise after the constitution of the Devaswom board and after the board decides all the matters on regular basis. The writ petition is disposed of as above. C.N.RAMACHANDRAN NAIR (JUDGE ) P.S.GOPINATHAN (JUDGE ) vps W.P.(C)..No.16267/2010 3 W.P.(C)..No.16267/2010 4