VENUGOPAL T K Vs. GURUVAYOOR DEVASWOM

JUDGEMENT

(1.) The Writ Petitioner is an Assistant Engineer (Electrical) of the respondent / Guruvayoor Devaswom.

(2.) The grievance projected by him in this writ petition in brief are as follows: He joined the service of Devaswom as an Overseer Grade-II in the year 1986 and was promoted as Overseer Grade-I in the year 1997. Then he was promoted as Assistant Engineer but, the promotion was delayed till September and one Sri.Ullas was treated as senior to him. Challenging his seniority, the petitioner filed a Writ Petition and the same is pending consideration. While so, he was constrained to avail medical leave for a few days, but he was charge-sheeted for unauthorized absence and placed under suspension. Again the petitioner has approached this Court and the suspension order was set aside directing to complete the enquiry proceedings within a period of two months. Later though he was reinstated, he was transferred to Vengad Gokulam in Malappuram District, which is 65 kms. away from Guruvayoor. By Ext.P6, the Devaswom resolved to entrust the installation and renovation of water supply scheme under the supervision of the Executive Engineer(Civil) and day to day work through plumbers was retained with the electrical wing under the Executive Engineer (Electrical ) . It is also specifically mentioned in Ext.P6 that the plumbing, repair and maintenance works of water supply lines are under the supervision of Sri.P.Raveendran, Assistant Engineer (Electrical) . Sri.K.A.Ullas is holding charge of Executive Engineer (Electrical) . The Assistant Engineer (Civil) who is incharge of Vengad Gokulam and his supporting staff are stationed at Guruvayoor. While so, the petitioner detected leakage in the overhead water tank and intimated the matter to the Assistant Executive Engineer (Electrical) , who is holding charge of the Executive Engineer, but no body turned up to rectify the defect despite the direction of the Administrator and therefore, he had to engage daily waged employees attached to electrical wing. Still then Ext.P10 warning order was issued against the petitioner by the Administrator alleging dereliction of duty in connection with the works in the department of water supply. The petitioner could not perform his duties effectively as he is not qualified and competent to do the works connected with the water supply wing. Hence, this writ petition is preferred seeking the following prayers;

(3.) The Devaswom in the counter affidavit contended that the maintenance/renovation works of water supply lines attached to the buildings of the Devaswom are being done through the employees of the water supply section under the control of electrical and water supply sections. The posts coming under the water supply section are :