IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 12TH MARCH 2009 / 21ST PHALGUNA 1930 WP(C).No. 37181 of 2008(B) -------------------------------------- PETITIONER(S): ----------------------- M. SANKARAN NAMPOOTHIRI, SANTHI, VETTIKULANGARA DEVASWOM, CHEPPAD, MAVELIKKARA GROUP (KALEECKAL MADOM, KANDIYOOR, THATTARAMPALAM.P.O) BY ADV. MR.K.SASIKUMAR RESPONDENT(S): ------------------------- 1. TRAVANCORE DEVASWOM BOARD REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. 2. DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM. 3. ASSISTANT DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, MAVELIKKARA GROUP, MAVELIKKARA. 4. HARIKRISHNAN, SANTHI, VALIYAKULANGARA DEVASWOM, KARTHIGAPPALLY, MAVELIKKARA GROUP. R1 TO R3 BY MR.P.G.PARAMESWARA PANICKER, SENIOR ADVOCATE R1 TO R3 BY ADV. MR.P.GOPAL R4 BY ADV. MR.N.SUKUMARAN R4 BY ADV. MR.G.BENO THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 37181/2008-B APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE OFFICE ORDER DATED 19/04/2008 ISSUED BY THE 3RD RESPONDENT. EXT.P2: COPY OF THE ORDER NO.ROC.NO.97/08 S DATED 30/05/2008 PASSED BY THE 2ND RESPONDENT. EXT.P3: COPY OF THE ORDER DATED 31/05/2008 ISSUED BY THE 3RD RESPONDENT. EXT.P4: COPY OF THE CIRCULAR DATED 14/02/2005 ISSUED BY THE 2ND RESPONDENT. EXT.P5: COPY OF THE REPRESNTATION DATED 02/06/2008 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P6: COPY OF THE LETTER DATED 04/06/2008 ISSUED BY THE 2ND RESPONDETS TO THE 3RD RESPONDENT. EXT.P7: COPY OF THE JUDGMENT DATED 12/06/2008 IN W.P.(C). NO. 17515/2008. EXT.P8: COPY OF THE ORDER DATED 14/07/2008 ISSUED BY THE 2ND RESPONDENT. EXT.P9: COPY OF THE JUDGMENT DATED 28/07/2008 IN W.P.(C). NO. 21183/2008. EXT.P10: COPY OF THE ORDER DATED 06/12/2008 ISSUED BY THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: EXT.R4(a): COPY OF THE APPEAL MEMORANDUM FILED BY THE 4TH RESPONDENT BEFORE THE 1ST RESPONDENT. EXT.R4(b): COPY OF THE COMPLAINT DATED 30/10/2008 FILED BY THE UTHRATTATHI MAHOLSAVA COMMITTEE BEFORE THE 1ST RESPONDENT. EXT.R4(c): COPY OF THE COMPLAINT DATED 30/10/2008 FILED BY THE REVATHI MAHOLSAVA COMMITTEE BEFORE THE 1ST RESPONDENT. //TRUE COPY// P.A. TO JUDGE Rs/ T.R.RAMACHANDRAN NAIR, J ------------------------------------------------- W.P.(C) No.37181 of 2008 --------------------------------------------------- Dated this the 12th day of March,2009 JUDGMENT The petitioner is aggrieved by the order of transfer by which fourth respondent has been posted in Valiyakulangara Devaswom. Originally, the petitioner was transferred to Valiyakulangara Devaswom as per Ext.P1 order dated 19.4.2008 in the General Transfer for the year 2008-2009. The said order was passed by the third respondent. It appears that there were appeals against Ext.P1 order filed before the Commissioner of Devaswom Board, but nobody had challenged his transfer. While considering the various claims raised by the Santhies, the matter was decided by the Devaswom Commissioner, as per Ext.P2. As the petitioner's transfer was not challenged by any one, it was not interfered with. But later by Ext.P3 order, fourth respondent was transferred to Valiyakulanagara Devaswom and petitioner was transferred to Vettikulanagara Devaswom. Petitioner challenged Ext.P3 on various grounds before the Devaswom Commissioner. According to the petitioner, Valiyakulanagara Devaswom was his first choice. It was also contended that Ext.P3 order was against his choice and the posting of the 4th respondent in his place was against Ext.P4 wpc:37181 of 2008 2 transfer norms, especially, since his transfer to Valiyakulangara Devasom was not under challenge before the Commissioner. Ext.P5 is the representation thus filed by petitioner. The second respondent forwarded Ext.P5 to the third respondent for action but nothing was done. 2. In such circumstances, the petitioner approached this Court in W.P.(C) No. 17515 of 2008. After taking note of clause 10 (b) Ext.P4 guidelines which says that if there is more than one applicants for a particular Devaswom then the person who has not served in the station should be preferred, by Ext.P7 judgment, this Court directed the second respondent Devaswom Commissioner to consider the representation. The Commissioner, finally, by Ext.P8, passed an order dated 14.7.2008 restoring the original order in respect of the petitioner posting him back to Valiyakulangara Devaswom and the fourth respondent to Vettikulanagara Devaswom. The fourth respondent challenged the same in W.P.(C) No.21193 of 2008. The writ petition was disposed of directing the first respondent, Travancore Devaswom Board, to consider Ext.P4 therein and to take a decision. Ext.P9 is the said judgment. Finally, by Ext.P10, the appeal has been disposed of in favour of the fourth respondent. As per the said wpc:37181 of 2008 3 order, the Board disposed of the said appeal taking note of his seniority and the fact that he is to retire from service within three years. It is stated in Ext.P10 that the petitioner will be considered for a posting in the next arising vacancy in Valiyakulanagara. 3. The matter was heard on 17.2.2009. In Valiyakulangara Devaswom, apart from the fourth respondent there is one more Santhi one Sri.Unnikrishnan Namboothiri who is a brother of the petitioner herein. It was pointed out that he will complete three years at the end of May, 2009 and he will be due for transfer going by the transfer norms. This aspect was directed to be verified. Today the standing counsel for the Board, and counsels for the parties submitted that he will be completing three years in May 2009. 4. The facts therein will show that there was no challenge against the order of transfer issued in favour of the petitioner as per Ext.P1. The order Ext.P8 also favoured the petitioner by giving a posting in Valiyakulanagara. In Ext.P10, the effect of clause 10 was not fully considered while fourth respondent is retained at Valiyakulanagara. Be that as it may, now the vacancy arises in Valiyakulanagara at the end of May, 2009, I think that in wpc:37181 of 2008 4 the interest of justice it is just and proper that the petitioner be given a posting in Valiyakulanagara in the said vacancy. Therefore, the writ petition is disposed of in the following manner. 5. The order Ext.P10 so far as it directs the consideration of the petitioner for a posting in Valiyakulanagara will be implemented by giving him a posting on the attainment of three years by one of the existing santhies one Sril.Unni Krishnan Namboothiri. Appropriate orders will be passed during the General transfer for the year 2009 by the Devaswom Commissioner by the competent authority in the matter. T.R.RAMACHANDRAN NAIR, JUDGE bps