Sheena M.P vs State Of Kerala
2021 Latest Caselaw 5326 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

              THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

                                   &

                  THE HONOURABLE MR. JUSTICE T.R.RAVI

     MONDAY, THE 15TH DAY OF FEBRUARY 2021 / 26TH MAGHA,1942

                         OP(KAT).No.50 OF 2021

   AGAINST THE ORDER/JUDGMENT IN OA 278/2021 DATED 08-02-2021 OF
  KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM (ADDITIONAL
                         BENCH, ERNAKULAM)


PETITIONER:

               SHEENA M.P.,
               AGED 48 YEARS, W/O.T.K.BABU,
               VILLAGE FILED ASSISTANT,
               NJARACKAL VILLAGE, KOCHI TALUK,
               ERNAKULAM DISTRICT, PIN-682 505,
               RESIDING AT CC 14/2363 D.
               UDAY, PALLURUTHI P.O.,
               COCHIN-682 006.

               BY ADVS.
               SRI.M.SASINDRAN
               SRI.S.SHYAM KUMAR


RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY SECRETARY TO GOVERNMENT,
               REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-
               695 001.

      2        THE DISTRICT COLLECTOR,
               ERNAKULAM, COLLECTORATE,
               KAKKANAD, ERNAKULAM-682 030.

      3        THE DEPUTY COLLECTOR (GENERAL),
               ERNAKULAM, COLLECTORATE,
               ERNAKULAM-682 030.

      4        THE TAHSILDAR, KOCHI TALUK,
               GROUND FLOOR, KB JACOB ROAD,
               FORT KOCHI, KOCHI,
               KERALA-682 001.
 OP(KAT).No.50 OF 2021

                               2



      5      THE VILLAGE OFFICER,
             NJARACKAL VILLAGE OFFICE,
             IX/110, SH63, NARAKKAL,
             NARAKKAL BUS STOP,
             NJARACKAL, KOCHI, KERALA-682 505.


             SRI.B.VINOD, SR.GOVT.PLEADER


     THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR
ADMISSION ON 15.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 OP(KAT).No.50 OF 2021

                                                 3



             ALEXANDER THOMAS & T.R.RAVI, JJ.
                  =============================
                            O.P (KAT) No.50 of 2021
                       [Arising out of order dated 08.02.2021
                  in O.A.(Ekm) No.278 of 2021 of KAT, Ekm. Bench]
                  =============================
                        Dated this the 15th day of February, 2021

                                       JUDGMENT

ALEXANDER THOMAS, J.

The prayers in the aforecaptioned Original Petition (KAT) filed under

Articles 226 & 227 of the Constitution of India are as follows:

"i) to set aside Ext.P1 order to the extent it declines to grant interim relief.

ii) to set aside Annexure A6 transfer order in so far as it transfers the petitioner to the office of the Special Tahsildar (LA) Koch Metro Rail Project, Unit No.2, Kakkanad, vide Sl.No.11.

iii) to issue a direction to the 2nd respondent to permit the petitioner to continue at her present station at Village Office Njarackal and to permit her to complete a normal tenure (3 years) at her present station.

iv) to direct the 2nd respondent to consider Annexure A8 and cancel the present transfer of the petitioner issued vide Annexure A6 transfer order.

v) issue such other appropriate order or direction as the Hon'ble court may deem fit in the facts and circumstances of the case."

2. Heard Sri.M.Sasindran, learned counsel appearing for the

petitioner in the O.P./sole applicant in the O.A. before the Tribunal and

Sri.B.Vinod, learned Senior Government Pleader appearing for

respondents in the O.P./respondents in the O.A.

3. According to the petitioner, the case set up in the original

application filed before the Tribunal by the petitioner herein is that she has

been unfairly and unlawfully subjected to six transfer and postings in the

last five years while holding the post of Village Field Assistant for the years OP(KAT).No.50 OF 2021

from 2015 to 2021, that she had entered service as Village Field Assistant

on 09.11.2011 and from 2015 to 2021, she has been made to face six

transfer and posting orders and she has been frequently disturbed from

one work place to another, which is illegal and arbitrary. During the span of

the last five years, she has been made to work in five different stations

including Rameswaram, Njarakkal and Fort Kochi. As per the guidelines in

Annexure A7 G.O.(P) No.3/2017/P&ARD dated 25.02.2017, an incumbent

like the petitioner is entitled to continue and complete the normal tenure at

the present station, Village Office, Njarakkal that no disciplinary action has

been taken against the petitioner. The exceptions are only if disciplinary

action is pending or on compassionate grounds that there is no disciplinary

action against the petitioner, etc.

4. Now as per the impugned Annexure A6 transfer order dated

03.02.2021 issued by the Deputy District Collector, Ernakulam she has

been ordered to be transferred from the present station at Village Office,

Njarakkal to the Office of the Special Tahsildar (Land Acquisition), Kochi

Metro Rail Project Unit No.2, Kakkanad, etc. Petitioner had filed the

instant Ext.P2 Original Application O.A.(Ekm) No.278/2021 before the

Kerala Administrative Tribunal, Ernakulam Bench so as to impugn

Annexure A6 transfer order. The petitioner had also sought interim relief

in the said petition, which has been declined by the Tribunal as per the OP(KAT).No.50 OF 2021

impugned Ext.P1 order dated 18.02.2020 in O.A.(Ekm) No.278/2021. It is

this interim order at Ext.P1, that has been challenged in the present O.P.

5. When the original petition has come up for consideration before

this Court on 11.02.2021, this Court had ordered the case to be posted to

15.02.2021 and till such time status quo with regard to the petitioner's

posting shall be maintained.

6. It is now stated by both sides that the petitioner is still

continuing as Village Field Assistant at the Village Office, Njarakkal. It is

thus brought to the notice that the impugned Annexure A6 transfer order

dated 03.02.2021 has not so far been implemented in the case of the

petitioner.

7. After hearing both sides, we are of the view that the rights and

interest of both sides will be adequately protected by facilitating the early

final disposal of the main matter in Ext.P2 O.A.(Ekm) No.278/2021 by the

Tribunal without much delay preferably within four weeks to five weeks.

Both sides should co-operate with the Tribunal to ensure the early final

disposal of Ext.P2 O.A.(Ekm) No.278/2021 without much delay preferably

within a period of four weeks to five weeks from the date of production of a

certified copy of this judgment. Till the disposal of O.A.(Ekm)

No.278/2021, the interim order passed by this Court on 11.02.2021

directing maintenance of status quo as regards the petitioner's continuance OP(KAT).No.50 OF 2021

at the present station be continued. It is made clear that the said interim

order need not be construed as an expression of opinion on the part of this

Court regarding the merits of the controversy, which would fall within the

province and domain of the Tribunal for final determination. It is only for

the purpose of maintenance of the subject matter of the lis that we have

ordered the continuance of the interim status quo order.

8. The Registry will forward a copy of this judgment to the Kerala

Administrative Tribunal, Ernakulam Bench which is dealing with O.A.

(Ekm) No.278/2021 for necessary information.

With these observations and directions, the above Original Petition

(KAT) will stand disposed of.

Sd/-

ALEXANDER THOMAS, JUDGE

Sd/-

T.R.RAVI, JUDGE

Pn OP(KAT).No.50 OF 2021

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 CERTIFIED COPY OF THE ORDER DATED 08.02.2021 IN OA (EKM) 278 OF 2021.

EXHIBIT P2 A TRUE COPY OF THE MEMORANDUM OF ORIGINAL APPLICATION (OA 278 OF 2021) FILED BEFORE THE KERALA ADMINISTRATIVE TRIBUNAL ALONG WITH ANNEXURES.

ANNEXURE A1 A TRUE COPY OF THE PROCEEDINGS OF THE 3RD RESPONDENT TAHSILDAR ISSUED VIDE NO.E1 8/2015 DATED 11.02.2015.

ANNEXURE A2 A TRUE COPY OF THE PROCEEDINGS OF THE 3RD RESPONDENT TAHSILDAR KOCHI ISSUED VIDE NO.E1 5/2016 DATED 23.12.2016.

ANNEXURE A3 A TRUE COPY OF THE RELIEVING ORDER OF THE APPLICANT ISSUED BY THE VILLAGE OFFICER, NJARACKAL DATED 14.09.2018 ISSUED VIDE NO.273/2018.

ANNEXURE A4 A TRUE COPY OF THE PROCEEDINGS OF THE TAHDILAR, KOCHI DATED 27.08.2019 ISSUED VIDE NO.E1 58/2019.

ANNEXURE A4(A) A TRUE COPY OF THE RELIEVING ORDER ISSUED BY THE VILLAGE OFFICER, FORT KOCHI DATED 11.11.2019 ISSUED VIDE NO.2049/19.

ANNEXURE A5 A TRUE COPY OF THE PROCEEDINGS OF THE TAHSILDAR KOCHI DATED 02.11.2019 TRANSFERRING THE APPLICANT NJARACKAL VILLAGE OFFICE.

ANNEXURE A6 A TRUE COPY OF THE PROCEEDINGS OF THE DEPUTY COLLECTOR (GENERAL) ERNAKULAM ISSUED VIDE NO.DC EKM/15/2021/E2 DATED 03.02.2021.

ANNEXURE A7 A TRUE COPY OF THE RELEVANT EXTRACT OF THE GOVERNMENT ORDER DATED 25.02.2017 ISSUED VIDE GO(P) NO.3/2017/P & ARD.

ANNEXURE A8 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE APPLICANT BEFORE THE 2ND RESPONDENT DISTRICT COLLECTOR DATED 05.02.2021.