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. 20204 of 2010(A) -------------------------- PETITIONER(S): --------------- KUMARA SARMA, AGED 54 YEARS, S/O.SRI SREEDHARAN, RESIDING AT VYSHAKHOM, PATTOMTHURUTHU.P.O, PERINAD, KOLLAM. WORKING AS HIGHER GRADE SUB GROUP OFFICER, ACHANKOVIL DEVASWOM, TRAVANCORE DEVASWOM BOARD. BY ADV. SRI.P.PUSHPARAJAN SRI.SREEVALSAN.V SRI.K.C.KIRAN (ARUVIPPURAM) RESPONDENT(S): --------------- 1. TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, NANTHANCODE, THIRUVANANTHAPURAM. PIN-695 001. 2. THE DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM. PIN-695 001. 3. J.RAO JAYACHANDRAN, ASST.DEVASWOM COMMISSIONER, PUNALUR, TRAVANCORE DEVASWOM BOARD, PIN-691 332. 4. SRI.G.NANDAKUMAR, SUB GROUP OFFICER, VALLIAMKAVU, KOTTAYAM, PIN-689 675. BY 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.20204 OF 2010 (A) -------------------------------------------------- Dated this the 1st day of July, 2010 J U D G M E N T Petitioner is a Higher Grade Sub Group Officer. From 10.3.2009 he was working in the Achankovil Devaswom as Sub Group Officer. By Ext.P4 order among others, petitioner has been transferred and posted as Head Clerk in the office of the Deputy Devaswom Commissioner, Pathanamthitta. It is this order which is under challenge. 2. First contention raised is that he has not completed the tenure at Achankovil. The other contention raised is that the posting by Ext.P4 has been ordered, ignoring the options exercised by the petitioner for temple posting at Mannadi Devaswom, Chittumala Devasowm and Aryankavu Devaswom. 3. Learned standing counsel for the respondents have obtained instructions in the matter. It is submitted that the petitioner has taken charge at Achankovil in March, 2009. According to the learned counsel, as a Sub Group Officer petitioner WPC.No.20204 /2010 :2 : was in charge of the administration of the Devaswom. Several complains were received from the devotees and also employees of the Devaswom It is stated that a complaint received by the Ombudsman has been registered as complaint No.91/2010 where serious irregularities in so far as the vazhivadu, sale of aravana and non issuance of receipts have been raised against the petitioner. It is also stated that complaints have been received from the employees of the Achankovil Devaswom, where allegation is that the special allowance for those deputed for Sabarimala Devaswom duty was not paid and that the petitioner has not accounted the rice and ghee offered by the devotees. It is stated that taking note of these irregularities alleged against the petitioner Ext.P6 order was passed by the Devaswom Commissioner directing that the petitioner be posted only for office duties and that thereafter show cause notice was issued to the petitioner to which explanation is awaited. 4. Though the petitioner is denying the allegations levelled by both the devotees and also employees of the Devaswm, still fact remains that there are allegations which are pending consideration WPC.No.20204 /2010 :3 : of the respective authorities. It is in pursuance of all these that by Ext.P4 the petitioner has been posted as Head Clerk, an equivalent post, in the Deputy Devaswom Commissioner's Office. 5. Having regard to the facts as stated above, I find no irregularity in the transfer and posting of the petitioner, which was ordered in the interest of the Devaswom and in exigencies of service. Petitioner also cannot have any vested right to be posted in any temple as opted by him. Writ Petition fails and is dismissed. (ANTONY DOMINIC) JUDGE vi/