Francis P. Sebastian vs The Flag Officer ...
2021 Latest Caselaw 18709 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
               THE HONOURABLE MR. JUSTICE A.M.BADAR
                                 &
          THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
    THURSDAY, THE 9TH DAY OF SEPTEMBER 2021 / 18TH BHADRA, 1943
                     OP (CAT) NO. 63 OF 2021
  AGAINST THE ORDER DATED 03.09.2021 IN IN OA 180/00326/2021 OF
    CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH, ERNAKULAM


PETITIONER/APPLICANT IN OA NO.180/00326/2021:

          FRANCIS P. SEBASTIAN
          AGED 56 YEARS
          S/O.LATE DEVASSY, CHARGEMAN (PLATER),
          HULL INSPECTION AND TRIALS UNIT(HITU),
          NAVAL BASE, KOCHI - 682004,
          RESIDING AT PALATTY HOUSE,
          MOOKKANNOOR, ANGAMALY, ERNAKULAM DISTRICT.


          BY ADVS.
          P.K.MADHUSOODANAN
          P.M.BINOY KRISHNA



RESPONDENTS/RESPONDENTS IN OA NO.180/00326/2021:

    1     THE FLAG OFFICER COMMANDING-IN-CHIEF
          (FOR COMMAND CIVILIAN PERSONNEL OFFICER), HEAD
          QUARTERS, SOUTHERN NAVAL COMMAND, KOCHI - 682004.

    2     THE OFFICER - IN - CHARGE.
          HULL INSPECTION AND TRIALS UNIT, NAVAL BASE, KOCHI -
          682004.

    3     SMT. M.B. HIMA,
          D/O. M.P. BAZY, (FORMAN (PLATER), INDIAN NAVAL ACADEMY,
          EZHIMALA.

    4     THE CHIEF STAFF OFFICER (P & A)
          HEAD QUARTERS, SOUTHERN NAVAL COMMAND, NAVAL BASE,
          KOCHI - 682004.
 OP (CAT) NO. 63 OF 2021

                                       2




OTHER PRESENT:

             ASGI.SRI.P.VIJAYAKUMAR,

             SRI.M.R.HARIRAJ FOR PARTY RESPONDENT




      THIS     OP   (CAT)     HAVING       COME   UP   FOR   ADMISSION   ON
09.09.2021,      THE      COURT   ON   THE    SAME     DAY   DELIVERED   THE
FOLLOWING:
 OP (CAT) NO. 63 OF 2021

                                  3




            A.M.BADAR, MURALI PURUSHOTHAMAN, JJ.
                ---------------------------------------
                       O.P.(CAT) No. 63 of 2021
                  -----------------------------------------
              Dated this the 09th day of September, 2021


                             JUDGMENT

A.M.BADAR,J.

Heard the learned counsel for the petitioner. The petitioner

has impugned the order dated 29.05.2021 transferring him on

promotion from Kochi to INA Ezhimala on promoted post of

Foreman (Plater).

2. The learned counsel for the petitioner argued that

the petitioner had preferred a representation not to promote

him because of personal grounds. He has also preferred a

representation (at record in Page 46) to the respondents,

praying for cancellation of his transfer on promotion and for

retention at Kochi, due to extreme compassionate ground. It is

argued by the learned counsel for the petitioner that the

petitioner has only four years service remaining and he has

marriageable daughters. Other personal grounds including that

of illness of the petitioner and his wife is also mentioned in the OP (CAT) NO. 63 OF 2021

representation. According to the learned counsel for the

petitioner, his representation is not yet considered by the

respondents. The learned counsel for the petitioner further drew

our attention to the impugned order at Ext.P5 whereby the

learned Central Administrative Tribunal has clarified that there is

no stay operating in favour of the present petitioner and has

posted the matter for further hearing on 22.09.2021. With this

it is argued that the impugned order is not in consonance with

law as request for interim relief made by the petitioner was not

considered by the Tribunal.

3. It is thus clear that the Central Administrative

Tribunal has kept the matter for hearing on the question of

interim relief on 22.09.2021. This order is impugned in the

instant petition. We are of the considered opinion that the

petitioner can request the Central Administrative Tribunal for

preponement of hearing of his original petition for the purpose

of deciding the question as to whether the petitioner is entitled

for the interim relief of stay to his transfer.

4. The petitioner is at Kochi since his initial OP (CAT) NO. 63 OF 2021

appointment. He has completed large tenure at Kochi. The

petitioner has not pointed out any statutory rule requiring the

respondents to continue the petitioner at Kochi itself. No

malafides appears to have been urged by the petitioner. The

personal difficulties of the petitioner cannot come in his way for

joining the transferred post, particularly when the learned

Tribunal, relying on submission of the learned counsel for the

petitioner had granted time of two weeks to the petitioner for

joining the transferred place.

In this view of the matter we see no merits in the instant

petition. Therefore, this original petition is dismissed. Needless

to mention that the petitioner is free to approach the learned

Tribunal for preponement of the date of hearing of his O.A.

Sd/-

A.M.BADAR JUDGE

Sd/-

MURALI PURUSHOTHAMAN JUDGE VPK OP (CAT) NO. 63 OF 2021

APPENDIX OF OP (CAT) 63/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE O.A NO. 180/00326/2021 FILED BEFORE THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH.

ANNEXURE A16 TRUE COPY OF THE LETTER NO.CS.2760/25(I) DATED 09.07.2021 OF THE FIRST RESPONDENT.

ANNEXURE A8 TRUE COPY OF THE LETTER NO.CS.2760/25 DATED 29.05.2021 OF THE 4TH RESPONDENT.

ANNEXURE A1 TRUE COPY OF THE REPRESENTATION DATED 09.11.2020 TO THE FIRST RESPONDENT.

ANNEXURE A2 TRUE COPY OF THE LETTER DATED 09.01.2021 OF THE 1ST RESPONDENT.

ANNEXURE A3 TRUE COPY OF THE REPRESENTATION DATED 22.1.2021 TOT HE 1ST RESPONDENT.

ANNEXURE A4 TRUE COPY OF THE LETTER DATED 29.03.2021 OF THE 1ST RESPONDENT.

ANNEXURE A5 TRUE COPY OF THE MEDICAL CERTIFICATE DATED 07.06.2021 ISSUED BY THE DOCTOR TREATING MRS. DISHA FRANCIS.

ANNEXURE A6 TRUE COPY OF THE MEDICAL CERTIFICATE DATED 4.6.2021 ISSUED BY THE ORTHOPEDIC SURGEON OF PALACE HOSPITAL, CHALAKUDY.

ANNEXURE A7 TRUE COPY OF THE LETTER DATED 14.06.2021 OF THE 2ND RESPONDENT.

ANNEXURE A9 TRUE COPY OF THE ORDER OF PROMOTION OF SR.M.P BAZY AS FOREMAN (PLATER) DATED OP (CAT) NO. 63 OF 2021

1.1.2019.

ANNEXURE A10 TRUE COPY OF THE LETTER DATED 09.04.2020 OF DIRECTORATE OF CIVILIAN PERSONNEL.

ANNEXURE A11 TRUE COPY OF THE APPLICATION DATED 16.06.2021.

ANNEXURE A12 TRUE COPY OF THE UNWILLINGNESS CERTIFICATE DATED 16.06.2021.

ANNEXURE A13 TRUE COPY OF THE LETTER DATED 16.06.2021 OF 2ND RESPONDENT.

ANNEXURE A14 TRUE COPY OF THE RELEVANT PROVISIONS IN THE POLICY GUIDELINES ON TRANSFER OF CIVILIAN PERSONNEL DATED 11.8.2015.

ANNEXURE A15 TRUE COPY OF THE SENIORITY LIST OF CHARGEMAN/FOREMAN AT HEAD QUARTERS AS ON 1.1.2019.

ANNEXURE A17 TRUE COPY OF THE RELEVANT EXTRACT OF SANCTIONED POSTS OF TECHNICAL SUPERVISORY STAFF (NON AVIATION)

EXHIBIT P2 TRUE COPY OF THE ORDER DATED 20.07.2021 IN O.A NO.180/00326/2021 OF THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH.

EXHIBIT P3 TRUE COPY OF THE STATEMENT FILED FOR THE RESPONDENT.1,2 & 4 IN O.A NO.

180/00326/2021 BEFORE THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH.

EXHIBIT P4 TRUE COPY OF THE REJOINDER FILED BY THE PETITIONER IN O.A NO. 180/00326/2021 BEFORE THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM OP (CAT) NO. 63 OF 2021

BENCH.

EXHIBIT P5 TRUE COPY OF THE ORDER DATED 03.09.2021 IN O.A NO. 180/00326/2021 OF CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM.