Prasanthan K vs State Of Kerala
2021 Latest Caselaw 17449 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
               THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
                                    &
                THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
         THURSDAY, THE 26TH DAY OF AUGUST 2021 / 4TH BHADRA, 1943
                        OP(KAT) NO. 211 OF 2021
AGAINST THE INTERIM ORDER DATED 18.08.2021 IN OA (EKM)NO.1075/2021 OF
   KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM (EKM BENCH)
PETITIONER/APPLICANT:

             PRASANTHAN K.
             AGED 44 YEARS
             S/O.NANU, CLERK, GROUND WATER DEPARTMENT, DISTRICT
             OFFICE, ADDITIONAL CIVIL STATION, KANNUR-2, RESIDING AT
             PRAMEELALAYAM(H), SANKARANELLURE.P.O,
             KUTHUPARAMBA VIA, KANNUR-670643, MOB: 9947976652.

             BY ADVS.
             KALEESWARAM RAJ
             VARUN C.VIJAY
             MAITREYI SACHIDANANDA HEGDE


RESPONDENTS:

     1       STATE OF KERALA
             REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF
             WATER RESOURCES, SECRETARIAT,
             THIRUVANANTHAPURAM-695001.

     2       DIRECTOR OF GROUND WATER DEPARTMENT,
             DIRECTORATE OF GROUND WATER DEPARTMENT, JALAVIJNANA
             BHAVAN, AMBALAMUKKU,
             KOWDIAR.P.O, THIRUVANANTHAPURAM-695005.

     3       DISTRICT OFFICER,
             GROUND WATER DEPARTMENT, DISTRICT OFFICE, ADDITIONAL
             CIVIL STATION, KANNUR-670002.
 O.P(KAT) No.211 of 2021
                                  2




     4       BUSHARA.A.K,
             SENIOR CLERK, DIRECTORATE OF GROUND WATER DEPARTMENT,

             JALAVIJNANA BHAVAN, AMBALAMUKKU, KOWDIAR.P.O,
             THIRUVANANTHAPURAM-695005.



             SRI.SAIGI JACOB PALATTY, SR.GOVT.PLEADER,
             SRI.V.N.RAMESAN NAMBISAN




      THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR
ADMISSION ON 26.08.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 O.P(KAT) No.211 of 2021
                                        3




    ALEXANDER THOMAS & A.BADHARUDEEN, JJ.
    =========================================
                          O.P(KAT) No.211 of 2021
                [arising out of the interim order dated 18.08.2021
                            in O.A(Ekm) No.1075/2021
                         on the file of the KAT, Ekm Bench]
     =========================================
                    Dated this the 26th day of August, 2021

                               JUDGMENT

Alexander Thomas, J.

This original petition has been filed by the original applicant in the

O.A, as he is aggrieved by the impugned Ext.P-6 interim order dated

18.08.2021 rendered by the Tribunal, whereby the earlier interim order at

Ext.P-5 dated 27.07.2021 granting interim stay of the operation and

enforcement of the impugned Annexure-A4 transfer order dated

12.07.2021, has been vacated by the Tribunal.

2. Today, when the matter has been taken up for consideration,

Sri.Kaleeswaram Raj, learned counsel appearing for the petitioner in the

O.P would submit on the basis of instructions that now the Tribunal has

finally heard and reserved the main matter in O.A (Ekm.) No.1075/2021

for rendering of final orders in the matter and that therefore, the O.P(KAT) No.211 of 2021

petitioner/original applicant is not pressing this original petition, which is

arising only out of an interim order, but without prejudice to his

contentions in this O.A and that this Court may order that the time limit

given by the Tribunal as per the impugned Ext.P-6 order to join the

transfer station at Palakkad, in terms of Annexure-A4 may be extended

suitably by a period of one week from today.

3. We have heard Sri.Kaleeswaram Raj, learned counsel

appearing for the original petitioner/original applicant, Sri.Saigi Jacob

Palatty, learned Senior Government Pleader appearing for the official

respondents and Sri.V.N.Ramesan Nambisan, learned Advocate appearing

for contesting respondent No.4. None of the parties have any serious

objection in the said course of action. Sri.V.N.Ramesan Nambisan, learned

Advocate appearing for the contesting respondent No.4 would submit on

the basis of instructions that his party (R4) has already joined duty and

that the original petitioner/original applicant has already been relieved as

of now. Be that as it may, what now the original petitioner seeks is only for

extension of the joining time in pursuance of the impugned transfer order,

but without prejudice to his contentions in the O.A. O.P(KAT) No.211 of 2021

4. Accordingly, it is ordered that without prejudice to the

contentions of the original applicant in the O.A, his time for joining in the

transfer station at Palakkad in terms of Annexure-A4, will stand extended

by a period of seven days from today. No other orders or directions are

required in this case.

Recording the abovesaid submission of the petitioner/original

applicant and with the abovesaid observations and directions, the above

Original Petition will stand disposed of.

Sd/-

ALEXANDER THOMAS, JUDGE

Sd/-

A.BADHARUDEEN, JUDGE

vgd O.P(KAT) No.211 of 2021

APPENDIX OF OP(KAT) 211/2021

PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF THE MEMORANDUM OF THE OA (EKM)NO.1075/2021 ALONG WITH ITS ANNEXURES.

ANNEXURE A1 TRUE COPY OF THE DRAFT TRANSFER LIST BEARING ORDER NO.E(1)/1596/2021/D.G.W DATED 14.06.2021 ISSUED BY THE 2ND RESPONDENT.

ANNEXURE A2 TRUE COPY OF THE OBJECTION DATED 16.06.2021 SUBMITTED BY THE APPLICANT TO THE 2ND RESPONDENT.

ANNEXURE A3 TRUE COPY OF THE COVERING LETTER BEARING NO.GW/K.N.R/342/2016 DATED 16.06.2021

ANNEXURE A4 TRUE COPY OF THE FINAL TRANSFER ORDER ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE REPLY FILED BY THE 4TH RESPONDENT ALONG WITH ITS ANNEXURES.

ANNEXURE R4(A) TRUE COPY OF THE ORDER NO.E(1)-

2820/2020/DGW DATED 18.12.2020 ISSUED BY THE 2ND RESPONDENT.

ANNEXURE R4(B) TRUE COPY OF THE ORDER IN O.A.(EKM) NO.148/2021 DATED 22.01.2021 OF THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL (ADDITIONAL BENCH, ERNAKULAM).

ANNEXURE R4(C) TRUE COPY OF THE ORDER NO.E(1)/2820/020/D.G.W. DATED 06.03.2021 ISSUED BY THE 2ND RESPONDENT.

ANNEXURE-R4(D) TRUE COPY OF THE TRANSFER ORDER NO.E(1)/1596/2021/D.G.W. DATED 12.07.2021 O.P(KAT) No.211 of 2021

ISSUED BY THE 2ND RESPONDENT.

ANNEXURE-R4(E) TRUE COPY OF THE RELIEVING ORDER NO.E(1)/1596/2021/D.G.W. DATED 13.07.2021 ISSUED BY THE RESPONDENT, ADMINISTRATIVE OFFICER.

ANNEXURE-R4(F) TRUE COPY OF THE JOINING ORDER NO.G.W/K.N.R/940/2021 DATED 14.07.2021 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE REJOINDER FILED BY THE PETITIONER ALONG WITH ITS ANNEXURES.

ANNEXURE -A5              TRUE COPY OF THE STATEMENT DOWNLOADED FROM
                          THE                MAIL               I.D.

[email protected] DATED 14.07.2021.

ANNEXURE-A6 TRUE COPY OF THE RELEVANT PART OF THE STATEMENT DOWNLOADED FROM THE MAIL I.D. [email protected] TO THE ADMINISTRATIVE OFFICER AT THE OFFICE OF THE 2ND RESPONDENT ON 14.07.2021

EXHIBIT P4 TRUE COPY OF THE INTERIM ORDER DATED 14.07.2021 IN O.A(EKM)NO.1075/2021.

EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER DATED 27.07.2021 IN O.A.(EKM)N.1075/2021.

EXHIBIT P6 TRUE COPY OF THE INTERIM ORDER DATED 18.08.2021 IN O.A.(EKM)NO.1075/2021.