IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 14TH OCTOBER 2009 / 22ND ASWINA 1931 WP(C).No. 25502 of 2009(G) -------------------------- PETITIONER: ------------------ N.SANKARAN POTTI, S/O.P.S.NARAYANAN POTTI, AGED 50 YEARS, MELSANTHI, PATTAZAHI THEKKE NADA, HARIMANDIRAM, PANDITHITTA EAST, THALAVOOR P.O., KOLLAM. BY ADV. MR. V.VENUGOPALAN NAIR RESPONDENTS: --------------------- 1. TRAVANCORE DEVASWOM BOARD REPRESENTED BY ITS SECRETARY, NANTHANCODE, THIRUVANANTHAPURAM. 2. DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM. 3. ASSISTANT DEVASWOM COMMISSIONER, KOTTARAKARA GROUP. 4. S.KRISHNAN POTTI, SANTHI, PULLUNNI DEVASWOM, VELINELLOOR SUB GROUP, KOTTARAKKARA. 5. NARAYANA BHATTATHIRI, MELSANTHI, PATTAZHI VADAKKE NADA, PATTAZHI P.O., KOLLAM DISTRICT. 6. G.NARAYANAN NAMBOOTHIRI, SANTHI, KULASEKHARANALLOOR DEVASWOM, KOTTARAKKARA. R1 TO R3 BY MR. P.G.PARAMESWARA PANICKER, SENIOR ADVOCATE MR. P.GOPAL, SC R4 BY ADV. DR. K.P.SATHEESAN MR. K.K.GOPINATHAN NAIR MR. M.R.JAYAPRASAD MR. P.MOHANDAS (ERNAKULAM) MR. MATHEW SUNNY R5 BY ADV. MR. K.SHAJ MR. L.RAJ MOHAN MR. SAJJU.S THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 25502 of 2009(G) APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE TRANSFER ORDER DATED 05.06.2009 ISSUED BY THE ASSISTANT COMMISSIONER. P2: COPY OF THE ORDER DATED 06.07.2009 MODIFYING EXT.P1 TRANSFER ORDER ISSUED BY ASSISTANT COMMISSIONER. P3: COPY OF THE REPRESENTATION DATED 09.08.2009 SUBMITTED BY THE PETITIONER BEFORE THE DEVASWOM COMMISSIONER. P4: COPY OF THE ROC NO.186/09/SANTHI DATED 24.08.2009 ISSUED BY THE DEPUTY DEVASWOM COMMISSIONER (ADMIN) IN THE OFFICE OF THE DEVASWOM COMMISSIONER. P5: COPY OF THE REPRESENTATION DATED 26.08.2009 SUBMITTED BY THE PETITIONER BEFORE THE ASSISTANT DEVASWOM COMMISSIONER REQUESTING TO POST HIM AT KULASEKHARANALLOOR. P6: COPY OF THE PRESENT TRANSFER ORDER DATED 07.09.2009 ISSUED BY THE ASSISTANT COMMISSIONER. RESPONDENTS' EXHIBITS: R3(a): COPY OF THE ORDER ISSUED BY THE DEVASWOM COMMISSIONER, ROC NO. 186/09/S DATED 29.06.2009. R3(b): COPY OF THE PETITION FILED BY THE 4TH RESPONDENT BEFORE THE DEVASWOM COMMISSIONER DATED 06.06.2009. R3(c): COPY OF THE GUIDELINES FOR TRANSFER FRAMED BY THE BOARD. R4(a): COPY OF THE ORDER GIVEN TO THIS RESPONDENT DATED 07.09.2009. R4(b): COPY OF THE RELEVANT PAGES OF THE CIRCULAR PUBLISHED BY THE DEVASWOM COMMISSIONER DATED 10.02.2005. // TRUE COPY // P.A. TO JUDGE kkms/ V.GIRI, J. = = = = = = = = = = = = = = == = = = = = = W.P.(C). No. 25502 OF 2009 = = = = = = = = = = = = = == = = = = = = = Dated this the 14th day of October 2009. JUDGMENT Petitioner is a Mel Santhi in the Travancore Devaswom Board. While working at Thrikkannamangalam Devaswom, he submitted three options for the general transfer of 2009, namely, Pattazhi Thekke Nada, Pattazhi Vadakke Nada and Kulasekharanalloor Devaswom. He was given a posting at Pattazhi Thekke Nada by Ext.P1 and it seems that though there were appeals from the orders of transfer, there was no change in so far as the posting of the petitioner is concerned as evidenced by Ext.P2. Petitioner joined at Pattazhi Thekke Nada on 13.07.2009. It seems that the Deputy Devaswom Commissioner had thereafter issued Ext.P4 taking note of the fact that the petitioner had earlier served at Pattazhi Thekke Nada for three years. He required the Assistant Commissioner to give the petitioner a posting elsewhere. Petitioner requested for a posting at Kulasekharanalloor. But as evidenced by Ext.R3(a), the 6th respondent was given a posting at Kulasekharanalloor and W.P.(C). No. 25502 OF 2009 2 petitioner was given a posting back at Thrikkannamangalam. This has been challenged in this writ petition. 2. Counter affidavit has been filed by the Devaswom Board and also the contesting respondents. 3. The fact that the petitioner has already served as a Mel Santhi at Pattazhi Thekke Nada for a period of three years was apparently not taken into account when he was given a posting at the same place as per Ext.P1. Then the question is, whether the three options submitted by the petitioner could have been accepted. 4. I am of the view that, it is appropriate that the case of the petitioner and respondents 4 to 6 may be considered again by the Commissioner. Accordingly, if the petitioner files a representation before the Devaswom Commissioner within three weeks from today, the Commissioner shall consider the posting of the petitioner and also respondents 4 to 6, afresh, after hearing all of them. Learned Counsel for the Board submits that there are 13 applicants for Kulasekharanalloor Devaswom. The Commissioner shall consider the claims of such persons also in W.P.(C). No. 25502 OF 2009 3 the matter of a posting at Kulasekharanalloor. 5. The transfers as currently ordered shall be given effect to, subject to fresh orders to be passed by the Commissioner in the manner aforementioned. The Commissioner shall pass fresh orders as directed above, within two months from the date of receipt of a representation and a copy of the judgment. Writ petition is disposed of as above. (V.GIRI) JUDGE kkms/