KRISHNAN NAMBOODIRI Vs. TRAVANCORE DEVASWOM BOARD

JUDGEMENT

(1.) TRITE law it is, that the Court shall not interfere with an order of transfer except when it is tainted with illegality or malafides reason being that transfer is an incidence of the service. The question is whether the transfer of the petitioner from Chettikulangara Devaswom to Kattuvally Devaswom, both coming under the Travancore Devaswom Board (for short, "the TDB") is sustainable and interference by this Court is required?.

(2.) THE petitioner, it is claimed was working as Keezhusanthi in the various temples of the TDB from 2002 onwards. As per the norms and guidelines approved by the TDB and applicable to the Keezhusanthies of various Devaswoms and temples under it, normal tenure of a Keezhusanthi who is transferred in the general transfer at the transferred place is three years with option to him to apply for transfer on completion of one year.

(3.) THE first respondent has filed counter affidavit traversing the allegations in the Writ Petition. It is claimed that Chettikulangara Devi Temple is one of the most reputed and important temples of the TDB under the Control of an Administrative Officer and that based on the income also, it is a very important temple of the TDB. Hence the authorities keep a constant watch and care on the working of the employees. Any lapse on their part would adversely affect the faith and belief of devotees and the public and hence the authorities are bent on ensuring good service from the employees. At present, there are three Keezhusanthies in that temple. Considering the quantum of workload and proficiency, only the most competent, responsible and efficient employees are posted in that temple. There are large quantitites of Vazhipad items to be prepared every day, to render all help and assistance to Melsanthi of the temple, the nivedyam to be prepared ensuring its quality and punctuality. Further, poojas are to be conducted on upadevalayams of Sub deities of the temple. Any lapse on the above matters would lead to complaints and resentment among devotees of the temple. The three Keezhusanthies (one among them is the petitioner) of Chettikulangara temple are not up to the mark in the matter of ability and proficiency. They are found to be less responsible and not that much capable in preparing nivedyams. It was noticed on many occasions that they were negligent in the discharge of their duties and there are complaints from devotees regarding quality of Vazhipad items. Since the most important 'para ezhunnallippu' and other trenuous annual festival rites are fast approaching it is very difficult to manage such situation with the service of present Keezhusanthies as any lapse on their part would result in undesirable acts. In the circumstance the Administrative Officer (of Chettikulangara Devaswom) sent a report requesting to transfer the junior most Keezhusanthy having lesser station seniority and post a proficient and competent and experienced Keezhusanthi who is well versed in the preparation of nivedyam in the temple. Taking into account the above relevant circumstances it was decided to transfer the petitioner who is the junior most, to the third choice place requested by him in his general transfer application. Accordingly the petitioner was transferred to Kattuvally Devaswom and from there, the 6th respondent was transferred and posted to Chettikulangara Temple. The order transferring the petitioner is made on public interest and in the exigencies of service. Along with the counter affidavit, the first respondent has also produced Exts.R1(a) to R1(c).