IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 18TH MARCH 2009 / 27TH PHALGUNA 1930 WP(C).No. 3564 of 2009(Y) ------------------------- PETITIONER: --------------- K.RANGANATHAN, LEELA BHAVANAM, KEERIKKADU POST,RAMAPURAM, ALAPPUZHA. BY ADV. SRI.M.RAMESH CHANDER RESPONDENTS: --------------- 1. THE TRAVANCORE DEVASWOM BOARD,TRIVANDRUM REPRESENTED BY ITS SECRETARY. 2. THE PROJECT CHIEF ENGINEER,OFFICE OF THE PROJECT CHIEF ENGINEER,TRAVANCORE DEVASWOM BOARD, TRIVANDRUM. 3. THKE OMBUDSMAN FOR TRAVANCORE DEVASWOM BOARD,RAM MOHAN PALACE, KOCHI-31. ADV. SRI.P.G.PARAMESWARA PANICKER, SENIOR ADVOCATE FOR R1 & 2 SRI.P.GOPAL FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No. 3564 of 2009 -------------------------- Dated this the 18th March,2009 J U D G M E N T The petitioner who was engaged as a temporary sweeper on daily wages during the Mandalam Makaravilakku Season in Sabarimala, is aggrieved by the transfer from Sabari Guest House to Malikappuram Building and to the quarters of the DYSP. It is pointed out by him that he was discharging duties to the best of his abilities and with utmost dedication. The contention raised is that there is no justification for the re-allotment of duties. He filed a representation before the Ombudsman as per Exhibit-P2. As directed by this Court, the Chief Engineer has filed a statement. It is pointed out that during the Makaravilakku season he was deputed for duty at Sabari Nivas Guest House. There were serious allegations of misconduct on the part of the petitioner while discharging duties at Sabari Nivas Guest House. A complaint was there before the Chairman of the W.P ( C) No. 3564 of 2009 2 High Power Committee appointed by this Court that the petitioner had demanded an amount of Rs.50/- for supplying hot water and when the devotee refused to give money, he behaved indecently to him and abused him. It is also pointed out that even on an earlier occasion, a similar complaint was there from the part of the devotees. 2. The Chairman of the High Power Committee informed the Devaswom Commissioner about the misconduct committed by the petitioner and the Devaswom Commissioner in turn instructed the Assistant Engineer, Sabarimala to terminate the daily wage engagement of the petitioner. Accordingly, his services were terminated. The Chairman of the High Power Committee took a lenient view in the matter and instructed the Assistant Engineer, Sabarimala to engage the petitioner by changing the duty point from the Guest House to some other place. Accordingly he was deputed to attend the cleaning works in the Malikappuram building and the cottages for use of Deputy Superintendent of Police. He did not report for duty further and ultimately he submitted Exhibit-R2(a) as W.P ( C) No. 3564 of 2009 3 a resignation letter. On accepting the said letter his engagement was terminated also. 3. Thus, it is clear from the facts pleaded in the statement that only because of the complaint raised against him, he was deputed to the Malakapuram building. Later he submitted Exhibit R2(a) resignation which has been accepted. The petitioner cannot now contend for the position that he is entitled to continue in the Sabari Nivas Guest House. Accordingly, the writ petition is dismissed. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No. 3564 of 2009 4 W.P ( C) No. 3564 of 2009 5