IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 3RD OCTOBER 2011 / 11TH ASWINA 1933 WP(C).No. 26160 of 2011(T) -------------------------- PETITIONER(S): --------------- 1. R.SOMANATHAN PILLAI, S/O.N.RAGHAVAN PILLAI, AGED 54 YEARS, ACCOUNTANT GR-II, PATTAZHY DEVASWOM, KOTTARAKKARA GROUP, RESIDING AT ANEESH BHAVAN, THAMARAKANDY P.O., KOTTARAKKARA. 2. B.V.BIJU, S/O.V.VIDYADHARAN, AGED 41, ACCOUNTANT GR-II, P.D.MANIKANTESWARAM DEVASWOM, KOTTARAKKARA GROUP, RESIDING AT “KOODARAM”, ELIYODU, AMBALATHUMKARA P.O., EZHUKODE, KOTTARAKKARA. BY ADV. SRI.C.UNNIKRISHNAN (KOLLAM) RESPONDENT(S): --------------- 1. TRAVANCORE DEVASWOM BOARD REPRESENTED BY ITS SECRETARY, NANTHANCODE, THIRUVANANTHAPURAM-695 001. 2. THE DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD,NANTHANCODE, THIRUVANANTHAPURAM-695 001. 3. THE ASSISTANT DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD,KOTTARAKKARA, KOLLAM. BY ADVS. SRI.P.G.PARAMESWARA PANICKER, SENIOR ADVOCATE SRI.P.GOPAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 26160 of 2011(T) APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1- TRUE COPY OF THE ORDER OF TRANSFER NO.ROC 80/11/ESTT. DATED 21/07/2011 ISSUED BY THE DEVSEOM COMMISSIONER. EXHIBIT P2- TRUE COPY OF THE RELEVANT PAGES OF THE ORDER OF TRANSDFER NO.ROC 80/11/ESTT. DATD 02/07/2011 ISSUED BY THE DEVSEOM COMMISSIONER. EXHIBIT P3- TRUE COPY OF THE ORDER NO.ROC 2516/09/ESTT. DATD 23/09/2011 ISSUED BY THE DEVSEOM COMMISSIONER. EXHIBIT P4- TRUE COPY OF THE REPRESENTATION DATED 28/09/2011 SUBMITTED BY THE 1ST PETITIONERS BEFORE THE TRAVANCORE DEVASWOM BOARD. EXHIBIT P5- TRUE COPY OF THE REPRESENTATION DATED 29/09/2011 SUBMITTED BY THE 2ND PETITIONER BEFORE THE TRAVANCORE DEVASWOM BOARD. RESPONDENTS' EXHIBITS : NIL. //TRUE COPY// P.A TO JUDGE amk. K.SURENDRA MOHAN, J. = = = = = = = = = = = = = WP(C).No.26160 of 2011-T. = = = = = = = = = = = = = Dated this the 3rd October, 2011. J U D G M E N T The petitioners, who are working as Accountants under the first respondent, the Travancore Devaswom Board have filed this writ petition challenging Ext.P3 order by which they have been posted at various districts as sub group officers. The reason stated to Ext.P3 is to accommodate Employment Exchange hands. According to the petitioners, they are permanent employees who are not liable to be displaced for the purpose of providing convenient postings to the Employment Exchange hands. 2. Advocate Sri.P.Gopal, who appears for the first respondent, on instructions, submits that Ext.P3 has not been issued for the purpose of accommodating Employment Exchange hands. The same has been issued in the exigencies of service for the purpose of ensuring that only WP(C).No.26160/2011-T. 2 permanent hands are accommodated in the available vacancies in each sub group and that the income of the first respondent is properly collected and accounted by persons who are responsible to discharge such duties. According to the counsel, there is a dearth of hands in the service of the Board and therefore, after obtaining orders from this Court; a policy decision was taken to fill up the available vacancies by recruiting Employment Exchange hands. However, since they could not be put in charge of sub groups, the permanent employees have been deployed to take such responsibilities. Therefore, it is contended that the transfers and postings in Ext.P3 are justified. 3. Counsel for the petitioners submits that the petitioners have submitted Exts.P4 and P5 representations before the second respondent. However, no orders have been passed thereon till date. The counsel submits that the representations may be considered and appropriate orders may be passed thereon expeditiously. 4. This writ petition is accordingly disposed of WP(C).No.26160/2011-T. 3 directing the second respondent to forward Ext.P4 representation to the first respondent and further directing the first respondent to consider the grievances of the petitioners set out in Exts.P4 and P5 representations in accordance with law, as expeditiously as possible, at any rate within a period of three weeks from the date of receipt of a copy of this judgment. Till final orders are passed on Exts.P4 and P5 as directed above, the petitioners shall not be relieved from their respective posts. The petitioners are permitted to submit supplemental representations, if they want. K.SURENDRA MOHAN, (Judge) Kvs/-