High Court of KeralaWP(C)/21753/2015disposed of

K.Jithin v. Cochin Devaswom Board

2015-07-20Honourable Dr. Justice A.K.Jayasankaran Nambiar4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR MONDAY, THE 20TH DAY OF JULY 2015/29TH ASHADHA, 1937 WP(C).No. 21753 of 2015 (T) --------------------------------------- PETITIONER(S)/PETITIONER:

------------------------------------------------ K.JITHIN AGED 27 YEARS S/O.K GOPI, SABANDHI ADIYANTHIRA EMPLOYEE KOTTAPURAM SIVA TEMPLE, KOTTAPURAM THRISSUR DISTRICT 680004 BY ADVS.SRI.M.P.ASHOK KUMAR SMT.BINDU SREEDHAR SMT.R.S.MANJULA RESPONDENT(S)/RESPONDENTS:

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1. COCHIN DEVASWOM BOARD DEVASWOM BOARD, THRISSUR, REP BY ITS SECRETARY

2. THE DEVASWOM OFFICER KOTTAPURAM SIVA TEMPLE, KOTTAPPURAM THRISSUR DISTRICT 680004

3. ASSISTANT COMMISSIONER COCHIN DEVASWOM BOARD, THRISSUR 680001

4. AJITH SSABANDHI ADIYANTHIRA EMPLOYEE ARIYANOOR BHAGAWATHY TEMPLE THRISSUR 680102 R BY SRI.KRISHNA MENON, SC, COCHIN DEVASWOM BOARD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 21753 of 2015 (T) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1:- PHOTOCOPY OF THE ORDER OF APPOINTMENT DTD 10/5/2012 ISSUED BY COCHIN DEVASWOM BOARD EXT.P2:- PHOTOCOPY OF THE CERTIFICATE DTD 4/11/2013 EXT.P3:- PHOTOCOPY OF THE RECOMMENDATION DTD 25/11/2013 ISSUED BY THE KOTTAPPURAM SIVA TEMPLE, ADVISORY COMMITTEE BEFORE THE SPECIAL COMMISSIONER,COCHIN DEVASWOM BOARD EXT.P4:- PHOTOCOPY OF THE TRANSFER ORDER DTD 10/7/2015 ISSUED BY THE ASST.COMMISSIONER, DEVASWOM ,THRISSUR EXT.P5:- PHOTOCOPY OF THE TRANSFER AND POSTING NOTIFICATION DTD 8/2/2001 ISSUED BY COCHIN DEVASWOM BOARD RESPONDENT(S)' EXHIBITS --------------------------------------- NIL // True copy // PA to Judge das

A.K.JAYASANKARAN NAMBIAR, J.

=========================================== W.P.(C). No. 21753 of 2015 ===================================================== Dated this the 20th day of July, 2015

JUDGMENT

The petitioner, who is a daily wage employee in the respondent board, is aggrieved by Ext.P4 order transferring the petitioner to the Arikanniyoor temple at Thrissur. In the writ petition, the petitioner alleges that Ext.P4 order was never served on the petitioner and that he came across Ext.P4 order through other sources. The fact remains, however, that the petitioner is a daily wage employee and the petitioner has not been able to establish any right, that would enable the petitioner to continue in the service of the petitioner, before which he can challenge the order of transfer. Faced with the said situation, counsel for the petitioner would pray for a direction to the respondents to consider and pass orders on a representation that the petitioner intends to file within three days from the date of receipt of a copy of this judgment.

Accordingly, and taking note of the submission of counsel for the petitioner, I dispose the writ petition with a direction to the 1st respondent to consider and pass orders on the representation to be filed by the petitioner, within a period of three weeks from the date of receipt of the said representation. The petitioner is directed to

-2W.P.(C). No. 21753 of 2015 file his representation within three days from the date of receipt of a copy of this judgment. The 1st respondent shall, while passing orders on the representation to be filed by the petitioner, also provide the petitioner with an opportunity of being heard. Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE das