High Court of KeralaWP(C)/30338/2014disposed of

Krishna Pramod.K. v. The Travancore Devaswom Board

2015-02-25Honourable Mr. Justice A.Muhamed Mustaque5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 25TH DAY OF FEBRUARY 2015/6TH PHALGUNA, 1936 ---------------------------- PETITIONER:

------------------- KRISHNA PRAMOD.K., S/O. KESAVAN NAMBOOTHIRI V., CHETTOOR ILLAM, GOWRI NANDANAM, MATTOM NORTH, THATTARAMABALAM P.O., MAVELIKKARA. (FULL TIME SANTHI, THIRUVAMBADI DEVASWOM, KARUNATTUKAVU SUB GROUP, THIRUVALLA GROUP) BY ADV. SRI.S.SUBHASH CHAND RESPONDENT(S):

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

1. THE TRAVANCORE DEVASWOM BOARD, OFFICE OF THE TRAVANCORE DEVASWOM BOARD, DEVASWOM BUILDINGS, NANDHANCODE, THIRUVANANTHAPURAM - 695 001, REPRESENTED BY ITS SECRETARY.

2. THE DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, OFFICE OF THE DEVASWOM COMMISSIONR, DEVASWOM BUILDINGS, NANDHANCODE, THIRUVANANTHAPURAM - 695 001.

3. ASSISTANT DEVASWOM COMMISSIONER, OFFICE OF THE ASSISTANT DEVASWOM COMMISSIONER, MAVELIKKARA GROUP, MAVELIKKARA - 690 101.

4. THE ASSISTANT DEVASWOM COMMISSIONER, OFFICE OF THE ASSISTANT DEVASWOM COMMISSIONER, THIRUVALLA GROUP - 689 101.

5. SREEKUMARAN POTTY P.N, PAMBOORILLAM, VETTIYAR P.O., VETTIYAR (PART TIME SANTHI, ULACHIKKAD SREE KRISHNA SWAMY TEMPLE, THIRUVANIKUNNAM SUB GROUP, MAVELIKKARA GROUP - 690 101.

R1 TO R4 BY SRI.A.N.RAJAN BABU, SC R5 BY ADVS. SRI.R.PADMAKUMAR SRI.N.ASHOK KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

------------------------------------- P1 - TRUE COPY OF THE CIRCULAR CONTAINING NORMS RELATING TO TRANSFER DATED 14.2.2005 ISSUED BY RESPONDENT NO.2 ALONG WITH ITS ENGLISH TRANSLATION.

P2 - TRUE COPY OF THE CIRCULAR DATED 19.1.2010 ISSUED BY RESPONDENT NO.2 ALONG 2ITH ENGLISH TRANSLATION.

P3 - TRUE COPY OF THE PRIORITY LIST DATED 24.8.2012 ISSUED BY RESPONDENT NO.2 ALONG WITH ENGLISH TRANSLATION. P3(A) - TRUE COPY OF THE APPLICATION DATED 14.2.2014 ALONG WITH ENGLISH TRANSLATION.

P4 - TRUE COPY OF THE REPRESENTATION DATED 14.10.2014 SUBMITTED BY THE PETITIONER BEFORE RESPONDENT NO.2 ALONG WITH ENGLISH TRANSLATION.

P5 - TRUE COPY OF THE ORDER DATED 30.9.2014 ISSUED BY RESPONDENT NO.2 BY WHICH RESPONDENT NO.5 WAS PROMOTED FROM THE POST OF PART TIME SANTHI IN MAVELIKKARA GROUP TO THE POST OF FULL TIME SANTHI IN PUNALUR GROUP ALONG WITH ENGLISH TRANSLATION. P6 - TRUE COPY OF THE ORDER DATED 05.11.2014 PASSED BY RESPONDENT NO.2 ALONG WITH ENGLISH TRANSLATION.

P7 - TRUE COPY OF THE REPRESENTATION DATED 08.11.2014 SUBMITTED BY THE PETITIONER BEFORE RESPONDENT NO.1.

*P8 - TRUE COPY OF THE ORDER DATED 20.12.2014 PASSED BY RESPONDENT NO.2.

*EXT.P8 ADDED AS PER ORDER DATED 2.2.2015 IN IA.1303/2015. P8 - TRUE COPY OF THE CIRCULAR BEARING ROC NO.7/14/MIS.B DATED 28.1.2014 ISSUED BY RESPONDENT NO.2.

P8(A) - ENGLISH TRANSLATION OF THE CIRCULAR BEARING ROC NO.7/14/MIS.B DATED 28.1.2014 ISSUED BY RESPONDENT NO.2.

P9 - TRUE COPY OF THE MEDICAL CERTIFICATE DATED 25.9.2014 ISSUED BY DR.ANITA JOHN, CONSULTANT OPHTHALMOLOGIST AND CIVIL SURGEON, GOVERNMENT HOSPITAL, MAVELIKKARA.

P9 - TRUE COPY OF THE ORDER BEARING ROC NO.62/14/S DATED 10.2.2015 PASSED BY RESPONDENT NO.2(IN IA.2926/2015) P10 - TRUE COPY OF THE MRI SCAN REPORT ISSUED BY DR.SREENIVASA.D, CONSULTANT RADIOLOGIST, MUTHOOT DIAGNOSTICS.

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--2-- ---------------------------------------- P11 - TRUE COPY OF THE MRI SCAN REPORT ISSUED BY DR.B.J.SHENGOKAR, CONSULTANT RADIOLOGIST, MANGALAM DIAGNOSTIC RESEARCH CENTRE, KOTTAYAM.

RESPONDENT(S)' EXHIBITS:

--------------------------------------- EXT.R1(A):

A TRUE COPY OF THE REPRESENTATION DATED 13.10.14 SUBMITTED BY THE RESPONDENT BEFORE THE 2ND RESPONDENT.

EXT.R1(B):

A TRUE COPY OF THE CASE SUMMERY AND DISCHARGE RECORDED OF THE FATHER OF THE 5TH RESPONDENT ISSUED BY THE SREE CHITHRA INSTITUTE OF MEDICAL SCIENCE.

EXT.R1(C):

A TRUE COPY OF THE CARDIOLOGY PATIENT SHEET OF 5TH RESPONDENT FATHER SRI.NARAYAN POTTY.

EXT.R1(D):

A TRUE COPY OF THE CORONANY ANGIOGRAM REPORT RELATING TO NARAYAN POTTY(FATHER OF 5TH RESPONDENT) DATED 30.7.14 ISSUED FROM ST.GEORGORIUS CARDIO-VASCULAR CENTER. EXT.R5(A) :

TRUE COPY OF THE DISCHARGE CARD ISSUED BY UPASANA HOSPITAL, KOLLAM DATED 30.3.2004.

EXT.R5(B) :

TRUE COPY OF CERTIFICATE OF THE MEDICAL BOARD DATED 14.7.2011 ISSUED BY T.D.MEDICAL COLLEGE HOSPITAL, ALAPPUZHA.

EXT.R5(C) :

TRUE COPY OF CORONARY ANGIOGRAM REPORT DATED 30.7.2014 ISSUED BY ST.GREGORIOS CARDIO - VASCULAR CENTRE. EXT.R5(D) :

TRUE COPY OF CARDIOLOGY PATIENT ADVICE SHEET DATED 8.8.2014 ISSUED BY AMRITHA INSTITUTE OF MEDICAL SCIENCE AND RESEARCH CENTRE.

EXT.R5(E) :

TRUE COPY OF CASE SUMMARY AND DISCHARGE RECORD DATED 4.10.2014 BY THE SREE CHITHIRA TIRUNAL INSTITUTE OF MEDICAL SCIENCE AND TECHNOLOGY.

/TRUE COPY/ P.S. TO JUDGE mbr/

A. MUHAMED MUSTAQUE, J.

------------------------------------------------ W.P.(C) No.30338 of 2014 ------------------------------------------------ Dated this the 25 th day of February, 2015

JUDGMENT

The petitioner, in this writ petition, is challenging the transfer of the 5 th respondent as Full Time Santhi to Mavelikkara Group, overlooking the petitioner's claim. It is now submitted that pending writ petition, the petitioner has been transferred to Mavelikkara Group by Ext.P9 order of the Devaswom Commissioner. By Ext.P8 order, the 5 th respondent has been transferred to Changanacherry Group.

2. Therefore, in the light of the above, without prejudice to challenge the above order by any other affected person, the Travancore Devaswom Board shall implement the above orders without any delay.

The writ petition is disposed of as above.

Sd/- A. MUHAMED MUSTAQUE, JUDGE.

//true copy// P.S. To Judge st/-

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