← Library
High Court of KeralaWP(C)/6541/2015disposed of

K.Syam Kumar v. The Commissioner

2015-03-20Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 20TH DAY OF MARCH 2015/29TH PHALGUNA, 1936 WP(C).No. 6541 of 2015 (P) --------------------------- PETITIONER :

--------------------- K. SYAM KUMAR S/O. M.S.KRISHNAN, MARATHMADOM, EROOR WEST P.O.

ERNAKULAM DISTRICT.

WORKING AS MELSANTHI KARIKKODE SASTHA TEMPLE COCHIN DEVASWOM BOARD.

BY ADVS.SRI.KRISHNA PRASAD. S SRI.NOBEL RAJU RESPONDENT(S) :

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

1. THE COMMISSIONER COCHIN DEVASWOM BOARD, THRISSUR, PIN-680 001.

2. THE ASSISTANT COMMISSIONER (THRIPUNITHURA) COCHIN DEVASWOM BOARD, THRIPUNITHURA ERNAKULAM DISTRICT-682 301.

3. THE DEVASWOM OFFICER KUREEKKAD DEVASWOM OFFICE, KUREEKKAD ERNAKULAM DISTRICT-682 305.

4. THE DEVASWOM OFFICER VYTTILA DEVASWOM OFFICE, VYTTILA ERNAKULAM DISTRICT-682 019.

R1 TO R4 BY ADVS. SRI.KRISHNA MENON, SC SRI.G.RAJAGOPAL, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 6541 of 2015 (P) --------------------------------------- APPENDIX PETITIONERS' EXHIBITS :

------------------------------------- EXT. P1 :

A COPY OF THE ORDER DTD.4.9.2014 BEARING NO.M3-35/14. EXT. P2 :

A COPY OF THE SCAN REPORT DTD.24.9.2011 ISSUED TO THE PETITIONER.

EXT. P3 :

A COPY OF THE ORDER DTD.20.9.2014 BEARING NO.M3-35/14. EXT. P4 :

A COPY OF THE RELEVANT PORTION REGARDING CONDITIONS OF SERVICE DTD.29.3.2012 OF SALARY MODIFICATION SCHEME 2012. EXT. P5 :

A COPY OF THE MEDICAL CERTIFICATE ISSUED FROM AMRITA INSTITUTE OF MEDICAL SCIENCES AND RESEARCH CENTRE DTD.26.2.2010.

EXT. P6 :

A COPY OF THE DISCHARGE SUMMARY DTD.9.11.2013 ISSUED FROM AMRITA INSTITUTE OF MEDICAL SCIENCES AND RESEARCH CENTRE. EXT. P7 :

A COPY OF THE DISCHARGE SUMMARY DTD.26.1.2014 ISSUED FROM AMRITA INSTITUTE OF MEDICAL SCIENCES AND RESEARCH CENTRE. RESPONDENT(S)' EXHIBITS : NIL -------------------------------------------------------------- //TRUE COPY// P.A. TO JUDGE Mn

A.MUHAMED MUSTAQUE, J.

-------------------------------------------- W.P.(C).No. 6541 of 2015 ---------------------------------------------------- Dated this the 20th day of March,2015

J U D G M E N T

--------------------------- The petitioner is working as Santhi in Karikkode Sastha Temple. The petitioner approached this Court feeling aggrieved by not giving transfer to three places, where he opted. The petitioner submits that initially he was transferred to the Elamkulam Vishnu Temple, one of the opted temple. However this order was cancelled without notice. The petitioner submits that there are vacancies, in the places in which he opted. But the respondents have not considered him for the above vacancies. Accordingly the petitioner has approached this Court.

2.

The learned Standing Counsel for the respondent submits that there are no vacancies in any of the temples, where the petitioner has opted. There are vacancies of Theertapani, Thrikkovil Santhi in Thripunithura temple. If the petitioner exercise option for any one vacancy among

W.P.(C).No.6541 of 2015 the above, it will be considered by the Board. 3.

In view of the above facts and circumstances, if the petitioner exercises option within one week from the date of receipt of a copy of this judgment, the petitioner shall be considered for any of the vacancies in Tripunithura temple. If there is no other impediment, the petitioner shall be considered for any of the future vacancies in the temples where the petitioner have opted or based on mutual transfer.

The writ petition is disposed of as above. No costs. Sd/ A.MUHAMED MUSTAQUE, JUDGE jm/