IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 19TH AUGUST 2009 / 28TH SRAVANA 1931 WP(C).No. 18548 of 2009(K) ----------------------------------------- PETITIONER(S): ---------------------- MANOJ KUMAR K.G.,INSTRUCTOR,(THAVIL) ATTINGAL KOYIKKAL KSHETRA KALAPEEDOM, TRAVANCORE DEVASOM BOARD, RESIDING AT KAKKANADU KIZHAKKATHIL, THULAMPARAMBU CENTRE, MANNARASSALA P.O., HARIPAD. BY ADVS.MR.P.SREEKUMAR MR.K.S.MANU (PUNUKKONNOOR) RESPONDENT(S): ------------------------ 1. THE SECRETAR, TRAVANCORE DEVASOM BOARD NANDANCODE, THIRUVANANTHAPURAM. 2. THE CULTURAL DIRECTOR, TRAVANCORE DEVASOM BOARD, THIRUVANANTHAPURAM. R1 & R2 BY MR. P.G.PARAMESWARA PANICKER, SENIOR ADVOCATE R1 & R2 BY ADV MR.P.GOPAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss P.N.RAVINDRAN, J. ----------------------------- W.P(C) No.18548 of 2009-K ------------------------------ Dated this the 19th day of August, 2009. J U D G M E N T Heard Sri.P.Sreekumar, the learned counsel appearing for the petitioner and Sri.P.Gopal, the learned standing counsel appearing for the respondents. 2. The petitioner who is an Instructor in the Kshetra Kalapeedom managed by the Travancore Devaswom Board, has filed this writ petition challenging Ext.P4 proceedings issued by the Secretary of the Travancore Devaswom Board, transferring him from Kshetra Kalapeedom and posting him for temple duty in the Varkala Group of temples. The petitioner contends that the posts are borne in different establishments and carry different scales of pay and that Ext.P4 is in effect an order reverting him to a post carrying a lower scale of pay. The first respondent has filed a counter affidavit contending that the petitioner was transferred from the Kshetra Kalapeedom as he was frequently taking leave and was not taking classes in the Kshetra Kalapeedom. The first respondent however concedes that if Ext.P4 is implemented the petitioner will draw salary in a lower scale of pay. W.P(C) No.18548 of 2009-K 2 3. I have considered the submissions made at the Bar by the learned counsel appearing on either side. In my opinion, while the power of the Board to take the disciplinary action against the petitioner cannot be disputed, any interim measure adopted by the Board like the one adopted in the case on hand cannot result in the petitioner being posted against a post carrying a lower scale of pay. The punishment of reduction to a lower post or lower scale of pay can be imposed only after enquiry and with notice to the petitioner. I am therefore persuaded to hold that the decision taken by the Secretary of the Board as reflected in Ext.P4, cannot be sustained. In the result, I allow this writ petition, quash Ext.P4 and direct that the petitioner shall not be transferred out from the Kshetra Kalapeedom except to a post carrying the same scale of pay. I make it clear that nothing contained in this judgment will stand in the way of the respondents from initiating appropriate action against the petitioner, if grounds exist therefor. Sd/- P.N.RAVINDRAN JUDGE //True Copy// PA to Judge ab