M.K. RAMAKRISHNAN UPPER DIVISION CLERK, ALTHIYOOR PERUM THRIKKOVIL DEVASWOM, MALAPPURAM DISTRICT AND OTHERS Vs. THE MALABAR DEVASWOM BOARD

JUDGEMENT

(1.) The petitioners are Senior Upper Division Clerks in Alathiyur Perum Thrikkovil Devawom in Malappuram District and Thali Devaswom in Kozhikkode District respectively, both of which are under the trusteeship of the Zamorin Raja Kozhikkode-the 2nd respondent. They filed this writ petition, challenging Ext.P7 order issued on 17.5.2017, transferring them mutually from Alathiyur to Thali and Thali to Alathiyur, with effect from 22.5.2017, on work arrangement. The main ground alleged in the writ petition, which was filed on 22.5.2017, was that there is no transferability of employees between different Devaswoms under the 2nd respondent and each Devaswom is considered as separate unit for the purpose of transfer and other service benefits, as held by this Court in several cases.

(2.) When the writ petition came up for consideration, the 2nd respondent sought time for filing counter affidavit, with the contention that the transfer was ordered, on account of complaints received against the petitioners and that disciplinary action was being initiated against them. Thereafter when the counter affidavit was filed, respondents produced Ext.R2(j) order dated 24.05.2017, by which the petitioners were placed under suspension and stated that Ext.P7 order is no longer in force. Along with I.A.No.8166 of 2017, the 2nd respondent filed an additional affidavit producing Ext.R2(k) order dated 24.05.2017, by which the order Ext P7 was withdrawn.

(3.) The petitioners thereafter amended the writ petition and challenged Ext.R2(j) order. Petitioners had alleged that the orders of transfer were vitiated by malafides and it was ordered at the instance of the son-in-law of the 2nd respondent who is acting as the defacto trustee on behalf of the present Zamorin, who is aged. It is stated that towards the end of 2016 certain financial irregularities, action of breach of trust etc. were detected which were found traceable to the son-in-law of 2nd respondent who acts as the de-facto trustee. Petitioners claim that they were blacklisted by the son-in-law of the 2nd respondent, who is under the impression that the petitioners were behind the detection and leaking of the affairs in the Central Devaswom. Petitioners submit that they had approached this court for the benefit of revision of pay, with the blessings of the Zamorin and W.P.(C) No.24492 of 2015 was allowed by Ext.P5 judgment on 21.08.2015. After the judgment was complied with, the 2nd respondent filed R.P.No.147 of 2017, after 500 days of delay claiming that the Central Devaswom is not Special Grade Devaswom. The filing of RP after 500 days, deviating from the stand adopted hitherto by the Zamorins and the present transfer and impugned action, are all stated to be the measures at his instance. Petitioners have produced the counter affidavit dated 16.05.2017, in which they have explained the changes reflected since the year 2016. The order of transfer was served on the petitioners on 19.05.2017. They challenged the transfer alleging victimisation and non-transferability. It was also pointed out that the 1st petitioner had submitted application for appointment as Executive Officer at Alathiyur Devaswom, when the vacancy was notified for direct recruitment. As the 2nd respondent filled up that vacancy by transfer, appointing the present Executive Officer of Alathiyoor Devaswom, the first petitioner has filed W.P.(C) No.22516 of 2016, challenging the same, which is pending. The first report against the 1st petitioner is submitted by the Executive Officer. Another W.P.(C) No.21777 of 2016, claiming promotion as Superintendent filed by one of the senior UD Clerks is also pending. It was alleged that even though Ext.P7 transfer was stated to be on work arrangement and in the interest of Devaswom, there is no such provision for mutual transfer and any transfer would amount to violation of this court's judgments.