Kerala High Court
Kaveri Kutty P vs State Of Kerala on 13 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
TUESDAY, THE 13TH DAY OF JULY 2021 / 22ND ASHADHA, 1943
OP(KAT) NO. 155 OF 2021
AGAINST THE ORDER IN OA (EKM).NO.962/2021 OF THE KERALA ADMINISTRATIVE
TRIBUNAL, ERNAKULAM BENCH
PETITIONER/APPLICANT IN OA(EKM):
KAVERI KUTTY P., AGED 55 YEARS, W/O. SASIPRAKASH, REVENUE
DIVISIONAL OFFICER, PALAKKAD - 678001, RESIDING AT
PADMASHREE, PUTHUR, PALAKKAD - 678005.
BY ADV SRI.U.BALAGANGADHARAN
RESPONDENTS/RESPONDENTS IN OA(EKM):
1 STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY,
GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM -
695001.
2 THE PRINCIPAL SECRETARY, REVENUE DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM - 695001.
3 THE SECRETARY, GENERAL ADMINISTRATION DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM - 695001.
4 THE COMMISSIONER OF LAND REVENUE, PUBLIC OFFICE BUILDING,
MUSEUM ROAD, VIKAS BHAVAN, THIRUVANANTHAPURAM - 695033.
5 MR.BALPREET SINGH I.A.S, SUB COLLECTOR PALAKKAD
(DESIGNATED) C/O. GENERAL ADMINISTRATION DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM - 695001.
6 SMT.KRIPA, REVENUE DIVISIONAL OFFICER, TRICHUR DIVISION,
THRISSUR DISTRICT - 680001.
7 SRI.HARISH, REVENUE DIVISIONAL OFFICER, IRINGALAKKUDA
REVENUE DIVISION, THRISSUR DISTRICT - 68 0121
8 THE DISTRICT COLLECTOR, CIVIL STATION, PALAKKAD - 678001.
SRI.ANTONY MUKKATH, GOVT.PLEADER
THIS OP(KERALA ADMINISTRATIVE TRIBUNAL) HAVING COME UP FOR
ADMISSION ON 13.07.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
ALEXANDER THOMAS & A. BADHARUDEEN, JJ.
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OP(KAT) No. 155 of 2021
[arising out of the impugned interim order dated 1.7.2021 in
O.A (Ekm) No. 962 of 2021 on the file of the KAT, Ernakulam Bench]
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Dated this the 13th day of July, 2021
JUDGMENT
Heard Sri.U.Balagangadharan, learned counsel
appearing for the petitioner in the O.P./applicant in the O.A. and
Sri.Antony Mukkath, learned Senior Government Pleader
appearing for official respondents 1 to 4 and 8 in the O.P./O.A. In
the nature of the order proposed to be passed in this petition,
notices to contesting respondents 5 to 7 will stand dispensed with.
2. The Tribunal had refused to grant interim stay of the
operation and enforcement of the impugned Anx.A-4 transfer
order dated 28.6.2021 issued by the State Government whereby
the contesting respondent No.5 was ordered to be posted in the
place of the petitioner as RDO, Palakkad, and the petitioner was
directed to await for further posting orders.
3. Today when the matter has been taken up for
consideration, Sri.Antony Mukkath, learned Senior Government
Pleader appearing for the official respondents would submit on
OP(KAT) No. 155 of 2021
..4..
the basis of instructions that going by the norms, a new IAS
recruit like contesting respondent No.5 is to be posted as Sub
Collector in any of the revenue divisions of any of the district
concerned, and that there are only two revenue divisions in
Palakkad, and the post of Sub Collector in one of the revenue
division at Ottappalam was occupied by another IAS appointee
and the only revenue division that was available was the one at
Palakkad, where the petitioner, a non IAS officer was appointed as
RDO and hence it is only in these circumstances that the
impugned Anx.A-4 transfer order was passed to accommodate
contesting respondent No.5, as he is a fresh IAS appointee.
4. Further, taking into account the fact and
circumstances of this case, the competent authority of the State
Government in the revenue department has now ordered to post
the petitioner/original applicant as Deputy Collector (LR) in
Palakkad District Collectorate itself, and it has been specifically
done so as not to disturb the continuance of the petitioner in
Palakkad Town as she is to retire on 31.12.2021.
5. The correctness of abovesaid factual submission made
OP(KAT) No. 155 of 2021
..5..
by the learned Senior Government Pleader, is not in any manner
seriously disputed by the learned counsel appearing for the
petitioner. Accordingly, it is ordered that no further orders are
required in this matter as the case is only at the interlocutory
stage, and in case the petitioner has any subsisting grievances in
the matter, it is for her to raise all such issues in the main matter
in O.A. (Ekm) No. 962/2021.
With these observations and directions, the above
Original Petition (KAT) will stand finally disposed of.
Sd/-
ALEXANDER THOMAS, JUDGE
Sd/-
A. BADHARUDEEN, JUDGE
MMG
OP(KAT) No. 155 of 2021
..6..
APPENDIX OF OP(KAT).NO.155/2021
PETITIONER'S EXHIBITS
EXHIBIT P1 A TRUE COPY OF OA(EKM) 962/2021 AND
ANNEXURE DATED 29.06.2021
ANNEXURE A1 A TRUE COPY OF ORDER OF THIS HON'BLE
TRIBUNAL IN OA EKM 1805/2018 DATED
3.10.2018
ANNEXURE A2 A TRUE COPY OF GO(RT) 233/2021/RD
DATED 21/1/2021 (RELEVANT PAGES)
ANNEXURE A3 A TRUE COPY OF GO(RT) 2058/2021/RD
DATED 13.6.2021 (RELEVANT PAGES)
ANNEXURE A4 A TRUE COPY OF GO(RT) 2350/2021/GAD
DATED 28.06.2021.
ANNEXURE A5 A TRUE COPY OF LETTER NO. 1R(E)1
20345/12 DATED 10.08.2012 ISSUED BY
THE SECOND RESPONDENT.
EXHIBIT P2 A TRUE COPY OF INTERIM ORDER OF THE
HON'BLE KERALA ADMINISTRATIVE TRIBUNAL
IN OA EKM 962/21 DATED 1.7.2021
EXHIBIT P3 A TRUE COPY OF GO(P) 3/2017/P & ARD
DATED 25.02.2017.
EXHIBIT P4 A TRUE COPY OF REPRESENTATION OF THE
PETITIONER BEFORE THE SECOND
RESPONDENT DATED 2.7.2021.
