IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 1ST JULY 2010 / 10TH ASHADHA 1932 WP(C).No. 20423 of 2010(C) -------------------------- PETITIONER(S): --------------- JAYAKUMAR S., S/O.GOVINDA PILLAI, SANTHI NIVAS, MAZHUKKEER, KALLISSERY P.O., CHENGANNUR (AG. ADMINISTRATIVE OFFICER, TRAVANCORE DEVASWOM BOARD, CHENGANNUR DEVASWOM). BY ADV. SRI.S.SUBHASH CHAND SRI.T.NIKLAVU RESPONDENT(S): --------------- 1. THE TRAVANCORE DEVASWOM BOARD/CHIEF COMMISSIONER, OFFICE OF THE TRAVANCORE DEVASWOM BUILDINGS, NANDHANCODE, THIRUVANANTHAPURAM, REP. BY ITS SECRETARY. 2. THE DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, DEVASWOM BUILDINGS, NANDHANCODE, THIRUVANANTHAPURAM. 3. THE ASSISTANT DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, ARANMULA GROUP. 4. K.KUMARAN NAIR, ASSISTANT DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, NEYYATTINKARA GROUP. SC SRI. P. GOPAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.20423 OF 2010 (C) -------------------------------------------------- Dated this the 1st day of July, 2010 J U D G M E N T Petitioner was working as Administrative Officer, Chengannur Devaswom. By Ext.P3 order dated 15.5.2010, petitioner was transferred as Assistant Devaswom Commissioner, Thiruvalla Group. Against Ext.P3 petitioner filed Ext.P5 appeal resulting in Ext.P8 order by which the 4th respondent was posted in his place at Thiruvalla and stating that further orders will be issued as far as the petitioner is concerned. Now Ext.P9 order has been issued retaining the petitioner at Thiruvalla as Assistant Devaswom Commissioner and posting the 4th respondent as Administrative Officer of the Chengannur group. 2. The main contention raised by the petitioner is that he is undergoing treatment for various ailments and his health does not permit him to undertake travel which is essential to discharge his duties as Assistant Devaswom Commissioner. 3. When this submission was made by the counsel for the petitioner on 30.6.2010, this court directed the Standing Counsel for the Devaswom Board to obtain instructions. Accordingly WPC.No. 20423/2010 :2 : learned counsel for the Board has obtained instructions. It is submitted that the duty which the petitioner will have to discharge as Administrative Officer is more onerous than that of the Assistant Devaswom Commissioner. It is explained that the rites in the Chenannnur Devaswom is during 4.30 am to 8.30 am in the morning and from 5 p.m to 8 p.m. in the evening . It is also stated that in order to rectify the damages caused to the temple property, Devaprasnam was held and 90 remedial measures are suggested and for implementing all this, person in charge as Administrative Officer should be able to effectively discharge the duties. However, taking note of the ailments pointed out by the petitioner, the Devaswom Board offered that the petitioner can be posted as Assistant Audit Officer at Thiruvalla or at Aluva. 4. In the nature of the submissions that are made by the counsel for the respondents, I do not think that this court will be justified in directing to post the petitioner as Administrative Officer of the Chengannur Devaswom itself. Now that the Devaswom Board itself has made an offer to accommodate the petitioner at Thiruvalla or Aluva, if the petitioner is desirous of accepting that offer, it will be open to the petitioner to approach WPC.No. 20423/2010 :3 : the 2nd respondent by an appropriate application. It is directed that if such an application is received from the petitioner within 3 days from today, necessary orders will be passed by the 2nd respondent. Writ Petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/