IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 28TH JULY 2009 / 6TH SRAVANA 1931 WP(C).No. 19697 of 2009(F) -------------------------------- PETITIONER: -------------- VEDAVYASAN V.B., VALIYAVEEDU, MUHAMMA P.O., ALAPPUZHA, NOW WORKING AS PASHUPALAKAN AT KAVEEDU GOKULAM, KAVEEDU. BY MR.V.M.KURIAN, ADVOCATE. MR.MATHEW B. KURIAN, ADVOCATE. MR.K.T.THOMAS, ADVOCATE. RESPONDENTS: ------------------ 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, DEPARTMENT OF DEWASWOM, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE GURUVAYUR DEVASWOM MANAGING COMMITTEE, GURUVAYUR, REP. BY ITS CHAIRMAN. 3. THE ADMINISTRATOR, GURUVAYUR DEVASWOM BOARD, GURUVAYUR 4. THE DEPUTY ADMINISTRATOR, (ADMINISTRATION), GURUVAYUR DEVASWOM BOARD, GURUVAYUR 5. K.V.PRAKASAN, PASHUPALAKAN, KAVEEDU GOKULAM, KAVEEDU, THAMARAYUR P.O., VIA KOTTAPPADY, THRISSUR DISTRICT. WP(C).No. 19697 of 2009 ...2... 6. T.K.SURESH, PASHUPALAKAN, KAVEEDU GOKULAM, KAVEEDU, THAMARAYUR P.O., VIA KOTTAPPADY, THRISSUR DISTRICT. 7. ASOKAN, PASHUPALAKAN, KAVEEDU GOKULAM, KAVEEDU, THAMARAYUR P.O., VIA KOTTAPPADY, THRISSUR DISTRICT. 8. UNNI NARAYANAN, PASHUPALAKAN, KAVEEDU GOKULAM, KAVEEDU, THAMARAYUR P.O., VIA KOTTAPPADY, THRISSUR DISTRICT. BY MR. A.J. VARGHESE, SR. GOVERNMENT PLEADER. MR. V. KRISHNA MENON, ADVOCATE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.19697 OF 2009 --------------------------------------- Dated this the 28th day of July, 2009. J U D G M E N T The petitioner herein is aggrieved by the order by which he is transferred from Kaveedu Gokulam to Vengad Gokulam. The petitioner is presently working as Pashupalakan in the Kaveedu Gokulam under the Guruvayoor Devaswom Board. He entered service as Pashupalakan in the Vengad Gokulam, Valanchery, Malappuram District on 03.05.2001 as per Exhibit P1 order dated 21.04.2001. His probation was declared. 2. It is averred that the petitioner suffered serious injuries while working in the Vengad Gokulam and after a long period of treatment, he continued with his duties in the said Gokulam. The petitioner was sanctioned disability leave by Exhibit P3 when an injury was caused to his spinal cord due to a fall at the workplace. It is in this circumstance he submitted a representation seeking for a transfer to Guruvayoor Gokulam on medical ground and accordingly, he was transferred to W.P.(C) No.19697/2009 2 Guruvayoor Gokulam in the year 2007, and he was continuing as such. The petitioner was transferred and posted to the newly opened Kaveed Gokulam in September 2007. The petitioner was advised by the doctor to avoid heavy exertion and climbing stairs etc. Exhibit P5 is the order by which the petitioner is now transferred to Vengad Gokulam. Deeply aggrieved by the said order of transfer, the petitioner has filed this writ petition. 3. Heard the learned standing counsel for the Guruvayur Devaswom. It is submitted that if the petitioner files an appropriate representation before the Guruvayur Devaswom Managing Committee, the same will be considered on merits. Therefore, this writ petition is disposed of in the following manner: The petitioner will file a representation before the 2nd respondent within a period of one week from today and the 2nd respondent will consider the same and pass appropriate orders within a period of one month from the date of receipt of a copy of the representation. Exhibit P5 will not be enforced against the petitioner in the meanwhile and he will be allowed to W.P.(C) No.19697/2009 3 continue in the present station. The medical grounds raised by the petitioner will also be considered by the 2nd respondent. T.R. RAMACHANDRAN NAIR JUDGE smp