IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 5TH AUGUST 2009 / 14TH SRAVANA 1931 WP(C).No. 18142 of 2009(K) ----------------------------------------- PETITIONER(S): ------------------------- K.B.SREEKUMAR, S/O.BHASKARA MARAR, AGED 41 YEARS, WORKING AS SAMBANDHI, MAJOR CHERUVALLY BHAGAVATHI TEMPLE, TRAVANCORE DEVASWOM BOARD, KAVUMBHAGAM P.O., THEKKETHUKARALA, PONKUNNAM AND RESIDING AT MALIYEKKAL, CHIRAKKADAVU CENTRE P.O.,PONKUNNAM. BY ADV. SRI.N.UNNIKRISHNAN RESPONDENT(S): --------------------------- 1. THE TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM REPRESENTED BY ITS CHIEF COMMISSIONER. 2. THE DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM. 3. THE ASSISTANT DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, NANTHANCODE, ETTUMANOOR, KOTTAYAM. 4. SHRI.M.G.GOPAKUMAR, SAMBANDHI, MAJOR DEVI TEMPLE, KODUNGOOR. R1 TO R3 BY MR.P.G.PARAMESWARA PANICKER, SENIOR ADVOCATE, MR.P.GOPAL, SC, TDB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 18142 OF 2009 -------------------------- Dated this the 5th day of August, 2009 J U D G M E N T Heard Sri.N.Unnikrishnan, the learned counsel appearing for the petitioner and Sri.P.Gopal, the learned Standing Counsel appearing for respondents 1 to 3. In the nature of the order that I propose to pass, I do not deem it necessary to issue notice to or hear the fourth respondent. 2. The petitioner who is working as Sambandhi in Major Cheruvally Bhagavathy Temple has filed this writ petition aggrieved by his transfer by Ext.P2 order to Kodungoor devaswom. The fourth respondent is the substitute appointed in the place of the petitioner at Major Cheruvally Bhagavathy Temple. The petitioner challenges his transfer on various grounds and seeks a posting either at Cheruvally or at Chirakkadavu. He also seeks a direction to the official respondents to retain him at Cheruvally till a vacancy arises at Chirakkadavu. Para 12 of Ext.R3(a) guidelines governing transfer and posting of devaswom employees confers on the petitioner the right to file an appeal challenging his transfer before the Devaswom Commissioner. The petitioner submits that challenging his transfer ordered as per Ext.P2, he had submitted the original of Ext.P3 appeal through the Sub Group Officer before the Devaswom Commissioner. Respondents 1 to 3 however deny having WPC No.18142/09 2 received such an appeal. According to the respondents the appeal ought to have been filed directly before the Devaswom Commissioner. The petitioner relies on Ext.P6 produced along with the reply affidavit to submit that the appeal was in fact forwarded by the Sub Group Officer to the Assistant Devaswom Commissioner for transmission to the Devaswom Commissioner. In my opinion as the guidelines entitle the petitioner to file an appeal and the receipt of Ext.P3 appeal is disputed, the petitioner should be afforded an opportunity to file an appeal challenging his transfer. I accordingly dispose of this writ petition with a direction that in the event of the petitioner filing an appeal before the Devaswom Commissioner directly within two weeks from today along with a certified copy of this judgment, the Devaswom Commissioner shall hear the petitioner and also any other person or persons and pass order thereon within one month thereafter. Subject to the orders to be passed on such appeal by the Devaswom Commissioner, the petitioner may join duty in the station to which he has been transferred. P.N.RAVINDRAN, JUDGE vps WPC No.18142/09 3