S. Rajasekharan Pillai v. Travancore Devaswom Board and others

W.P(C) NOS.4242 & 5330 OF 2019 1 **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE SMT. JUSTICE P.V.ASHA** **THURSDAY ,THE 21ST DAY OF FEBRUARY 2019 / 2ND PHALGUNA, 1940** ## **WP(C).No. 4242 of 2019** ## **PETITIONER/S:** **S.RAJASEKHARAN PILLAI, AGED 55 YEARS, S/O.SANKARA PILLAI, WORKING AS 'PEON', ASSISTANT DEVASWOM COMMISSIONER'S OFFICE, KOLLAM, PIN-691001. RESIDING AT KUNNATRADIL HOUSE, KULANGARABHAGOM, CHAVARA.P.O., KOLLAM DISTRICT, PIN-691583.** **BY ADVS. SRI.S.SUBHASH CHAND SRI.S.JAYAKRISHNAN** ## **RESPONDENT/S:** - **1 TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, NANTHANCODE, THIRUVANANTHAPURAM, PIN-695001.** - **2 THE DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM, PIN695001.** - **3 THE ASSISTNAT DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, KOLLAM, PIN-691001.** - **4 THE ASSISTANT DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, KOTTARAKARA, PIN-691506.** **SC, TDB,SRI.K.SASIKUMAR** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.02.2019 ALONG WITH W.P(C).NO.5330/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P(C) NOS.4242 & 5330 OF 2019 2 # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT** **THE HONOURABLE SMT. JUSTICE P.V.ASHA** **THURSDAY ,THE 21ST DAY OF FEBRUARY 2019 / 2ND PHALGUNA, 1940 WP(C).No. 5330 of 2019** ## **PETITIONER/S:** **S.RAJASEKHARAN PILLAI AGED 55 YEARS S/O SANKARA PILLAI, WORKING AS PEON, ASSISTANT DEVASWOM COMMISSIONER'S OFFICE, KOLLAM. PIN-691001. RESIDING AT KUNNATRADIL HOUSE, KULANGARABHAGOM, CHAVARA PO., KOLLAM DISTRICT. PIN691583.** **BY ADVS. SRI.S.SUBHASH CHAND SRI.S.JAYAKRISHNAN** ## **RESPONDENT/S:** **1 TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, NANTHANCODE, THIRUVANANTHAPURAM. PIN-695001. 2 THE DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM. PIN-695001. 3 THE ASSISTANT DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD, KOLLAM. PIN-691001. 4 THE ASSISTANT DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD, KOTTARAKARA. PIN-691506. SC,TDB SRI.C.K.PAVITHRAN SC, TDB SRI .SASIKUMAR** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P(C) NOS.4242 & 5330 OF 2019 3 **--------------------------** W.P(C) Nos.4242 of 2019-A and 5330/2019 ------------------------------------------- _Dated this the 21[st] day of February, 2019_ ## _**JUDGMENT**_ W.P(C).No.4242 of 2019 is filed challenging the order Ext.P6 which was issued in an appeal filed by the petitioner against his transfer ordered in Ext.P1 on 22.8.2018 by the Devaswom Commissioner. 2. In Ext.P1 order the Devaswom Commissioner, with reference to a complaint received in the office of the Assistant Commissioner of Devaswom, Kollam, had stated that the Deputy Commissioner as per report dated 2.7.2018 recommended to transfer the petitioner. The petitioner challenged Ext.P1 order filing W.P©.No.28553/2018 which was disposed of as per Ext.P3 judgment dated 13.09.2018 directing the 1[st] respondent to consider and pass orders on the appeal submitted by him and directing his retention in the same office till then. In the meanwhile, the petitioner was posted at Sabarimala on duty arrangement on special duty in appam preparation unit. The petitioner thereupon challenged the said order complaining that he is having certain allergic problems and will be unable to perform duty at Sabarimala. On the basis of interim orders passed from time to time in the Writ Petition he filed challenging that order, the petitioner continued in the same station till the season was over and thereafter the Writ W.P(C) NOS.4242 & 5330 OF 2019 4 Petition was closed as it had become infructuous. 3. The appeal which was submitted against Ext.P1 order transferring the petitioner from Kollam to Kottarakkara was disposed of as per Ext.P6 order on 5.2.2019. From the report submitted by the Devaswom Commissioner the Board found that petitioner was continuing at the office of the Assistant Devaswom Commissioner, Kollam for the last 12 years except for a period of two months. It was stated therein that the petitioner was not in the habit of wearing uniform and he was taking unnecessary freedom over the superior officers and the Commissioner had issued orders transferring him to Kottarakkara group which is not far away. The order also refers to certain allegations raised by the petitioner. Thus the Board found no reason to modify Ext.P1 order of transfer. The petitioner filed W.P(C).No.4242/2019 challenging this order. 4. In this Writ Petition the petitioner pointed out that he is due to retire within a period of 18 months and therefore a transfer at this stage was absolutely unnecessary and it is in violation of the transfer norms. He pointed out that as per clause 2(19) of transfer rules an employee having less than 2 years to retire from service has to be given a posting near to his residence and thus the Board has violated the provisions and the norms of transfer. It was also stated that the transfer was in violation of the judgment of this Court in _**Dr. Sethumadhavan v. State of Kerala**_ [1991 (1) KLR 656]. According to him, the allegations in Ext.P6 order are baseless and the same was arrived at without hearing the petitioner. W.P(C) NOS.4242 & 5330 OF 2019 5 5. When the Writ Petition came up for admission, this Court had directed the learned Standing Counsel Sri K.Sasikumar to find out whether the petitioner can be accommodated in a nearby place. Subsequently, the Devaswom Commissioner had issued Ext.P8 order produced in W.P©.No.5330/2019, which is stated to have been issued on 19.2.2019. The learned Standing Counsel submits that it was issued on 15.02.2019. At any rate, the order refers to W.P(C).No.4242/2019 and the representation submitted by the petitioner on 14.2.2019 before the Secretary, Travancore Devaswom Board, during the pendency of W.P©.N0.4242/2019, which is stated to have been produced along with an I.A in that Writ Petition. Ext.P8 order has been issued transferring the petitioner to the office of the Assistant Devaswom Commissioner, Karunagappally. It is stated that since the petitioner is having only 13 months to retire, it is only proper to give him a posting near his home. 6. The petitioner is challenging Ext.P8 order in this W.P(c).No.5330/2019 pointing out that the Commissioner should not have passed an order when the Writ Petition is pending and when the petitioner had submitted a representation before the Secretary to the Devaswom Board. 7. The learned Standing Counsel points out that it is on the basis of the oral directions issued from this Court that the learned Standing Counsel sought instructions and the petitioner has been posted in an office very near to his residence. It is also pointed out that the petitioner is residing at Chavara and that W.P(C) NOS.4242 & 5330 OF 2019 6 Karunagappally is only 7 kilometres from his residence. It is also pointed out that Kollam is 27 kilometres away from his residence. In the above circumstances, I do not find any reasons to interfere with the impugned orders in both the Writ Petitions. Accordingly, the Writ Petitions are dismissed. _Sd/-_ _**(P.V.ASHA, JUDGE)**_ _rtr/_ W.P(C) NOS.4242 & 5330 OF 2019 7 ## **APPENDIX IN WP(c) NO.4242/2019** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF ORDER ROC.NO.24/18/ESST.B.DATED 22.08.2018 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P2 TRUE COPY OF JUDGMENT DATED 29.11.2013 IN WP(C)NO.24447/2013 OF HON'BLE COURT. EXHIBIT P3 TRUE COPY OF JUDGMENT DATED 13/09/2018 IN WP(C)NO.28553/2018(T)OF THIS HON'BLE COURT. EXHIBIT P4 TRUE COPY OF JUDGMENT DATED 16/11/2018 IN WP(C)NO.36824/2018 OF THIS HON'BLE COURT. EXHIBIT P5 TRUE COPY OF ORDER DATED 21.12.2018 IN WP(C)NO.42417/2018(B) OF THIS HON'BLE COURT. EXHIBIT P6 TRUE COPY OF R.O.C.NO.10220/18 ESTA-2 DATED 05.02.2019 ISSUED BY THE 1ST RESPONDENT.** W.P(C) NOS.4242 & 5330 OF 2019 8 ## **APPENDIX IN WP(C).NO.5330/2019** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1 : TRUE COPY OF ORDER ROC.NO.24/18/ESST. B. DATED 22.08.2018 ISSUED BY THE 2ND RESPONDENT.** **EXHIBIT P2 : TRUE COPY OF JUDGMENT DT.29.11.2013 IN WP(C).NO.24447/2013 OF HONOURABLE COURT.** **EXHIBIT P3 : TRUE COPY OF PROCEEDINGS ROC.NO.3626/08/ESTT.1 DATED 24.1.2011 ISSUED BY THE 1ST RESPONDENT.** **EXHIBIT P4 : TRUE COPY OF JUDGMENT DATED 13.09.2018 IN WP(C).NO.28553/2018(T) OF THIS HONOURABLE COURT.** **EXHIBIT P5 : TRUE COPY OF JUDGMENT DATED 16.11.2018 IN WP(C).NO.36824/2018 OF THIS HONOURABLE COURT.** **EXHIBIT P6 : TRUE COPY OF ORDER DT.21.12.2018 IN WP(C).NO.42417/2018(b) OF THIS HONOURABLE COURT.** **EXHIBIT P7 : TRUE COPY OF R.O.C NO.10220/18/ESTA-2 DATED 5.2.2019 ISSUED BY THE 1ST RESPONDENT.** **EXHIBIT P8 : TRUE COPY OF R.O.C NO.24/18/ESTA-B DATED 15.2.2019 ISSUED BY THE 2ND RESPONDENT.**