IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 3RD FEBRUARY 2010 / 14TH MAGHA 1931 WP(C).No. 2613 of 2010(B) PETITIONER(S): 1. V.GANPATHI IYER, WATCHER, CHENGANOOR SREE MAHADEVA TEMPLE, CHENGANOOR. 2. T.G.VIJAYAN PILLAI, WATCHER, CHENGANOOR SREE MAHADEVA TEMPLE,CHENGANOOR. 3. K.S.RAMESHBABU,WATCHER, CHENGANOOR SREE MAHADEVA TEMPLE, CHENGANOOR. 4. T.S.SUDHAKARA PILLAI, WATCHER, CHENGANOOR SREE MAHADEVA TEMPLE,CHENGANOOR. 5. N.B.ANIL KUMAR,WATCHER, CHENGANOOR SREE MAHADEVA TEMPLE, CHENGANOOR. 6. SUNILKUMAR, WATCHER, CHENGANOOR SREE MAHADEVA TEMPLE, CHENGANOOR. BY ADV. SRI.S.KRISHNAMOORTHY RESPONDENT(S): --------------- 1. TRAVANCORE DEVASWOM BOARD, REP. BY ITS SECRETARY, NANDANCODE, TRIVANDRUM. 2. THE DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, NANDANCODE, TRIVANDRUM. 3. ASST. DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, ARANMULA GROUP, ARANMULA. ADV. SRI.P.GOPAL, STANDING COUNSEL, T.D.B THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO. 2613 OF 2010 -------------------------------------------- Dated this the 3rd day of February, 2010 JUDGMENT The petitioners are working as Watchers at Chenganoor Sree Mahadeva Temple. All of them were placed under transfer as per Ext.P1, to various groups under the first respondent, based on the report from the Vigilance Officer. It is a settled position that transfer cannot be effected as a punishment since any such punitive measure would cast stigma on the concerned employees. Any action by the concerned authorities which would cast stigma on its employees cannot be imposed in violation of the principles of natural justice. When the matter was taken up for admission, the learned counsel for the respondents submitted that the petitioners have jointly filed a representation before the second respondent against Ext.P1 transfer order. Evidently, the very nature of allegations based on which the petitioners are placed under transfer is punitive. Therefore, I think the petitioners are entitled to get an opportunity of being heard. Accordingly, this Writ Petition is disposed of with a direction to the second respondent to consider and pass orders on the representation jointly submitted by the petitioners against Ext.P1, after affording them with an opportunity of W.P.(C) NO.2613 of 2010 2 hearing. Till such an order is passed in terms of the direction, the petitioners shall not be relieved from Chenganoor Sree Mahadeva Temple. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.2613 of 2010 3 C.T. RAVIKUMAR, J. W.P.(C).NO.2613/2010 JUDGMENT 3rd February, 2010