High Court of KeralaWP(C)/5777/2015disposed of

V Easwaran Nampoothiry v. Travancore Devaswom Board

2015-07-02Honourable Dr. Justice A.K.Jayasankaran Nambiar4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR THURSDAY, THE 2ND DAY OF JULY 2015/11TH ASHADHA, 1937 WP(C).NO. 5777 OF 2015 (V) --------------------------- PETITIONER(S):

--------------- V.EASWARAN NAMPOOTHIRY KALLAMPALLIL ILLOM, MATTOM NORTH, THATTARAMBALAM P.O MAVELIKKARA - 690 103.

BY ADVS.SRI.SAJEEV KUMAR K.GOPAL SRI.R.HARISHANKAR RESPONDENT(S):

----------------

1. TRAVANCORE DEVASWOM BOARD, NANDANCODE THIRUVANANTHAPURAM PIN - 695 003 REPRESENTED BY ITS SECRETARY

2. THE COMMISSIONER, TRAVANCORE DEVASWOM BOARD THIRUVANANTHAPURAM - 695 003.

3. THE ASSISTANT DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, MAVELIKKARA - 690 101.

4. G.VAMANAN NAMBOOTHIRI FULTIME SANTHI, MAVELIKKARA GROUP MAVELIKKARA - 690 101.

5. N.SANKARAN NAMBOOTHIRI, FULLTIME SANTHI MAVELIKKARA GROUP, MAVELIKKARA - 690 101.

BY SRI.A.N.RAJAN BABU, SC, TRAVANCORE DEVASWOM BOARD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).NO. 5777 OF 2015 (V) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS :

------------------------ P1-TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 29.5.2012 P2- TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT DATED 27.7.2012 P3- TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 1.12.2014 P4- TRUE COPY OF THE LETTER FROM THE SUB GROUP OFFICER, VEZHAPPARA TO THE ASSISTANT COMMISSIONER DATED 20.11.2014 P5- TRUE COPY OF THE LIST OF PERSONS WHO HAVE OPTED FOR MAVELIKKARA GROUP P6- TRUE COPY OF THE ORDER VIDE ROC - 79/08/S ISSUED BY THE 2ND RESPONDENT DATED 6.12.2014 RESPONDENT(S)' EXHIBITS:NIL --------------------------- //TRUE COPY// P.S TO JUDGE

A.K.JAYASANKARAN NAMBIAR, J.

------------------------------- W.P.(C).NO.5777 OF 2015 (V) ----------------------------------- Dated this the 2nd day of July, 2015

J U D G M E N T

The petitioner is a Full time Santhi working under the 1st respondent in Vazhappara Sub Group of Changanacherry Group. It is the case of the petitioner that while he has been repeatedly requesting for a transfer to the Mavelikkara group, on compassionate grounds, from 2011 onwards, the respondents have refused to grant the request of the petitioner. It is under the said circumstances that the petitioner has approached this Court seeking a direction to the respondents to appoint him to a suitable post in the Maavelikkara group.

2. At the time of admission of the writ petition, this Court, taking note of the possibility of vacancies in Mavelikkara group being filled up by persons other than the petitioner, by an interim order dated 24.02.2015, directed the respondents to keep one post of Santhi vacant in any future vacancy in Mavelikkara group and further directed that the said vacancy should not be filled without obtaining an order from this Court. It is seen from the writ petition that the petitioner has preferred Ext.P3 representation before the 2nd

W.P.(C).No.5777/2015 respondent, and the same has not been considered by the 2nd respondent till date. Under the circumstances, I feel that the interests of justice will be served by directing the 2nd respondent to consider and pass orders on Ext.P3 representation, expeditiously, and to continue the interim order dated 24.2.2015 of this Court in the present writ petition till such time as the 2nd respondent passes orders on the said representation. Accordingly, I direct the 2nd respondent to consider and pass orders on Ext.P3 representation, after hearing the petitioner, within a period of one month from the date of receipt of a copy of this judgment. I make it clear that till such time as orders are passed on the said representation, and communicated to the petitioner, the interim order granted by this Court on 24.2.

2015, to the extent it directs the non-filling of a vacancy in Mavellikara Group, shall continue to remain in force. I further make it clear that while passing orders as directed, the respondents shall take note of Ext.P4 recommendation of the Sub Group Officer, Vezhappara to the Assistant Commissioner.

The writ petition is disposed as above.

A.K.JAYASANKARAN NAMBIAR JUDGE prp