Smt.,Deepa Raj vs K.R. Krishnakumar
2021 Latest Caselaw 19558 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
            THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
                                   &
             THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
    FRIDAY, THE 17TH DAY OF SEPTEMBER 2021 / 26TH BHADRA, 1943
                        OP (CAT) NO. 47 OF 2021
        AGAINST THE ORDER/JUDGMENT IN OA 262/2020 OF CENTRAL
         ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH, ERNAKULAM
PETITIONER/S:

    1      SMT.,DEEPA RAJ
           AGED 38 YEARS
           AGED 38 YEARS,W/O.SAIJU D.,SENIOR STATISTICAL
           OFFICER,NATIONAL SAMPLE SURVEY ORGANIZATION,(FIELD
           OPRATION DIVISION),
           SUB REGIONAL OFFICE,GOVT.OF INDIA,CGO COMPLEX,3RD
           FLOOR,KENDRIYA BHAVAN,KAKKANAD,COCHIN-682037. MOB:94965
           34086.
    2      SMT.MANEESH B.,
           AGED 36 YEARS,W/O.SREEKANTH,
           SENIOR STATISTICAL OFFICER,NATIONAL SAMPLE SURVEY
           ORGANIZATION,(FIELD OPRATION DIVISION), SUB REGIONAL
           OFFICE,GOVT.OF INDIA,CGO COMPLEX,3RD FLOOR,KENDRIYA
           BHAVAN,KAKKANAD,COCHIN-682037. MOB:79072 23862.
           BY ADVS.
           T.C.GOVINDASWAMY
           SRI.N.UNNIIKRISHNAN
           KALA T.GOPI
           B.NAMADEVA PRABHU
           T.N.SREEKALA


RESPONDENT/S:

    1      K.R. KRISHNAKUMAR
           (EMPLOYEE CODE NO.4142,)AGED 50 YEARS,ASSISTANT
           DIRECTOR GRADE-II,M.S.M.E.DEVELOPMENT INSTITUTE,
           KANJANI ROAD,THRISSUR-680 003,
           RESIDING AT KALLINGAL HOUSE,VAKKAT ROAD,VENNALA,COCHIN-
           682 028.
           MOBILE NO.94463 43116.

    2      THE UNION OF INDIA,
           REPRESENTED BY THE SECRETARY TO GOVERNMENT OF
           INDIA,MINISTRY OF PERSONNEL AND PUBLIC
           GRIEVANCES,DEPARTMENT OF PERSONNEL AND TRAINING,NORTH
           BLOCK,NEW DELHI-110 001.
 OP(CAT)No.47/2021
                              2
    3    THE SECRETARY TO THE GOVERNMENT OF INDIA,
         MINISYTRY OF STATISTICS AND PRGRAMME
         IMPLEMENTATION,SUBORDINATE STATISTICAL SERVICE,ROOM
         NO.528,SARDAR PATEL BHAVAN,SANSAD MARG,NEW DELHI-110
         001.
    4    THE DIRECTOR GENERAL,
         SUBORDINATE STATISTICAL SERVICE(SSS),NATIONAL SAMPLE
         SURVEY ORGANIZATION,
         UNION OF INDIA,NEW DELHI-110 001.
    5    THE CHAIRMAN,
         SCREENING COMMITTEE,CENTRAL SERVICE BOARD,MINISTRY OF
         STATISTICS AND PROGRAMME IMPLEMENTATION,SARDAR PATEL
         BHAVAN,SANSAD MARG,NEW DELHI-110 001.
    6    THE DEVELOPMENT COMMISSIONER,
         MICRO,SMALL AND MEDIUM ENTERPRISES, A-WING,7TH
         FLOOR,NIRMAN BHAVAN,
         NEW DELHI-110 001.
    7    THE DIRECTOR,
         MICRO,SMALL AND MEDIUM ENTERPRISES,DEVELOPMENT
         INSTITUTE,,KANJANI ROAD,
         AYYANTHOLE,THRISSUR-680 003.
         BY ADVS.
         N.UNNIKRISHNAN
         SRI.K.R.RAJKUMAR,CENTRAL GOVERNMENT COUNSEL(B/O)

     THIS OP (CAT) HAVING COME UP           FOR ADMISSION ON
17.09.2021, THE COURT ON THE SAME          DAY DELIVERED THE
FOLLOWING:
 OP(CAT)No.47/2021
                        3
     ALEXANDER THOMAS & A. BADHARUDEEN, JJ.
 ===============================================
                 OP(CAT)No.47/2021
    [Arising out of the Central Administrative Tribunal Ernakulam Bench in
                           O.A.No.180/00262/2020]

 ===============================================
          Dated this the 17th day of September, 2021

                              JUDGMENT

Alexander Thomas, J.

The matter arises out of the non-consideration of the request of

the original applicant/R1 in the OP in regard to his request for the

transfer from his present station to Ernakulam on account of medical

compassionate grounds. The main plea of the original applicant was to

the effect that he is suffering from serious heart ailments and that his

wife, who is based in Ernakulam is also suffering from serious kidney

ailments. Whereas, contesting respondents 7 and 8 in the

OA/petitioners in the OP, are far juniors to the original applicant and

that they have been accommodated in Ernakulam/Kochi without

considering the claims of the original applicant. Further that R7 in the

OA/1st petitioner in the OP, has not clearly disclosed in her application

for transfer that her spouse was in fact working in Palakkad Division of

the Railways (Meenakshipuram), etc. Further that it appears that both

R7 and R8 in the OA had not really desired for transfer to Ernakulam

and they would have been satisfied, if they have been transferred to

stations of their choice other than Ernakulam, even though they had OP(CAT)No.47/2021

formally submitted their transfer applications seeking to transfer to

Kochi/Ernakulam.

2. The Tribunal after hearing both sides, appears to have taken

the view that it is indisputable that the original applicant is suffering

from serious heart ailment and that and his wife is also suffering from

grave kidney diseases and that the non-consideration of his request for

transfer to Ernakulam on compassionate medical grounds may not be

right and proper. The Tribunal has also noted that R7 in the OA/1 st

petitioner in the OP has not stated that her spouse was in fact based in

Palakkad in connection with his work for Southern Railway and that if

that fact had been made known to the transferring authority probably

they would not have issued an order transferring her to

Ernakulam/Cochin.

3. Taking note of the various aspects in the matter, the

Tribunal has taken the considered view that in view of the non-

consideration of the request of the original applicant for compassionate

transfer, the matter would require a remit and serious reconsideration.

It is in that view that the Tribunal had quashed the impugned transfer

orders issued in favour of R7 and R8 in the OA and has directed that the

transfer applications of all the three parties be considered afresh.

4. The transfer requests of the original applicant in the OA and

R7 and R8 in the OA, has been ordered to be placed by the competent

authority among the respondents before the competent body OP(CAT)No.47/2021

concerned, viz. CSB, (which we were told is the Civil Service Board) for

consideration of their requests for transfer and that all the claims of the

three incumbents may be reconsidered, so that the claims of the original

applicant for medical and compassionate ground for transfer should

also be seriously reconsidered by the competent CSB, etc. It is this

verdict of the Tribunal at Ext.P1, that is under challenge in this OP. In

view of the aforementioned facts and circumstances, we are not inclined

to disturb the well-considered verdict of the Tribunal at Ext.P1. This is

for simple reason that the appreciation made by the Tribunal is mainly

based on factual aspects and the same cannot said to be perverse or

manifestly and unreasonable. May be another reasonable view was

plausible in the facts and circumstances of the case. Merely because

another reasonable view is plausible in the facts and circumstances of

the case, is no ground in judicial review and judicial superintendence

for this Court to set aside and quash the considered verdict of Tribunal

at Ext.P1.

5. We are told by Sri.T.C.Govindaswamy, learned Counsel

appearing for the petitioners in the OP/R7 & R8 in the OA, that his

parties (R7 and R8 in the OA) will be satisfied, if they are transferred

either to Kollam or to Thiruvananthapuram. That being so, it is for

them to file written submissions in the matter, which shall be addressed

to the competent authority concerned along with a copy of this

judgment which, the competent authority will ensure that the same is OP(CAT)No.47/2021

placed before the competent authorized body concerned viz. CSB, for

effective consideration. All the three parties will ensure that their

additional written submissions in the matter, if any, shall be sent by

registered speed post with acknowledgment due with a copy of this

judgment, to the competent officer among the respondents, who in turn

will ensure that the same is immediately placed before the CSB for

effective consideration. This process of filing of additional written

submissions may be duly completed by the original applicant and R7 &

R8 in the OA within two weeks from the date of receipt of a copy of this

judgment. The competent body concerned, CSB, will ensure that a

considered and proper decision is taken on the various requests of the

three parties concerned, namely the original applicant/R7 and R8 in the

OA, without much delay, preferably within a period of six weeks from

the date of filing of such written submission along with a copy of this

judgment or at any rate, within a outer limit of 8 weeks therefrom.No

further orders and directions are called for in the OP. Accordingly, the

above OP will stand finally disposed of.

6. Needless to say, the interim arrangement ordered by the

Tribunal at Para. 22 of Ext.P1 final order to the extent that R7 and R8 in

the OA will be permitted to continue in the present station temporarily

until orders are passed by the competent authority as afore-stated on

the request of the three incumbents for transfer, will in force. No

further orders are called for in the original petition. Sri.K.R.Rajkumar, OP(CAT)No.47/2021

learned Central Government Counsel appearing for the official

respondents will ensure that copies of this judgment are forwarded to

the competent respondent- officers concerned, including the CSB for

necessary information and further immediate action.

With the above observations and directions, this original petition

will stand disposed of.

sd/ ALEXANDER THOMAS, JUDGE

sd/ A. BADHARUDEEN, JUDGE

jm/ OP(CAT)No.47/2021

APPENDIX OF OP (CAT) 47/2021

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE ORDER IN OA NO.180/00262/2020 DATED 01/06/2021.

Exhibit P2 TRUE COPY OF OA NO.180/00262/2020 DATED 16/06/2020, ALONG WITH ITS ANNEXURES FILED BEFORE THE HON'BLE TRIBUNAL.

Annexure A1 A TRUE COPY OF DISCHARGE SUMMARY DATED 05/10/2016 ISSUED FROM RENAI MEDICITY MULTI SPECIALITY HOSPITAL, KOCHI - 25.

Annexure A2 TRUE COPY OF LATEST CERTIFICATE DATED 02/06/2020 ISSUED BY DR.JAY B.PATTAM, CONSULTANT INTERVENTIONAL CARDIOLIGIST, RENAI MEDICITY MULTI SPECIALTY HOSPITAL, KOCHI -

Annexure A3 A TRUE COPY OF MEDICAL CERTIFICATE DATED 07/12/2019 ISSUED BY DR.MAMMEN, CONSULTANT NEPHROLOGIST, REG.NO.20136, MEDICAL TRUST HOSPITAL, DEPARTGMENT OF NEPHTROLOGY, PALLIMUKH, ERNAKULAM IN RESPECT OF WIFE OF THE APPLICANT.

Annexure A4 A TRUE COPY OF LATEST CERTIFICATE DATED 01/06/2020 ISSUED BY DR.MAMMEN, CONSULTANT NEPHROLOGIST, REG.NO.20136, MEDICAL TRUST HOSPITAL, DEPARTMENT OF NEPHROLOGY, PALLIMUKH, ERNAKULAM IN RESPECT OF WIFE OF THE APPLICANT.

Annexure A5 A TRUE COPY OF REPRESENTATION DATED 29/04/2019.

Annexure A6 A TRUE COPY OF COMMON TRANSFER ORDER NO.11015/1/2018-SSS DATED 04/12/2019. Annexure A7 A TRUE COPY OF E-MAIL DATED 03/12/2019 (4.43 PM) SENT TO THE 2ND RESPONDENT.

Annexure A8 A TRUE COPY OF ORDER DATED 10/12/2019 INOA NO.180/00877/2019.

Annexure A9 A TRUE COPY OF INTERIM ORDER DATED 16/12/2019 IN OA NO.180/00898/2019.

Annexure A10 A COPY OF INTERIM ORDER DATED 26/12/2019 IN OA 180/928/2019 FILED BY ALBY ANNIE GEORGE (EMPLOYEE CODE NO.5476).

Annexure A11            NIL
Annexure A12            A TRUE COPY OF REPRESENTATION DATED

14/02/2019 SUBMITTED BY THE 7TH RESPONDENT. Annexure A13 A TRUE COPY OF REPRESENTATION DATED 24/06/2019 OF THE 7TH RESPONDENT.

Annexure A14 A TRUE COPY OFFICE MEMORANDUM NO.11015/1/2018-SSS DATED 14/03/2019. OP(CAT)No.47/2021

Annexure A15 A TRUE COPY OF TRANSFER APPLICATION 22/11/2019 OF 7TH RESPONDENT.

Annexure A16 A TRUE COPY OF EMEPLOYMENT CERTIFICATE NO.J/P 535/VIII/SMS DATED 10/10/2019 ISSUED BY THE DIVISIONAL OFFICE, SOUTHERN RAILWAY, PERSONNEL BRANCH, PALGHAT TO THE HUSBAND OF RESPONDENT NO.7 SHRI.SANJU, STATION MASTER, MEENAKSHIPURAM.

Annexure A17 A TRUE COPY OF OFFICE MEMORANDUM NO.A-

32016/7/2014 E.II DATED 03/03/2015.

Annexure A18 A TRUE COPY OF MINUTES OF THE MEETING OF THE CIVIL SERVICE BOARD (CSB) FOR SUBORDINATE STATISTICAL SERVICE (SSS) HELD ON 05/07/2019 AT 10.00 HOURS AT S.P.BHAVAN, NEW DELHI. Annexure A19 A TRUE COPY OF STATEMENT OF OWN COST TRANSFER/CANCELLATION REQUESTS RECEIVED FROM SENIOR STATISTICAL OFFICERS RECEIVED ALONG WITH ANNEXURE - 18.

Annexure A20 A TRUE COPY OF LETTER NO.11011/01(04)/2019-

SSS DATED 20/01/2020. MINUTES OF THE MEETING OF THE CIVIL SERVICE BOARD (CSB) FORM SUBORDINATE STATISTICAL SERVICE (SSS) HELD ON 28TH NOVEMBER, 2019 AT 10.30 HRS AT SANKIYAKI BHAVAN, DELHI AND STATEMENT OF OWN COST TRANSFER/CANCELLATION REQUESTS RECEIVED FROM SENIOR STATISTICAL OFFICERS.

Annexure A21 A TRUE COPY OF OFFICE MEMORANDUM NO.28034/9/2009-ESTT.(A) DATED 30/09/2009. Exhibit P3 A TRUE COPY OF THE REPLY STATEMENT DATED 11/09/2020 FILED BY THE OFFICIAL RESPONDENTS IN THE ABOVE OA NO.180/00262/2020.

Annexure R1         OFFICE ORDER ON 25/
Annexure R2         DETAILS NOT GIVEN IN THE ORIGINAL COPY GIVEN
                    TO THE PETITIONERS.
Exhibit P4          A TRUE COPY OF THE REJOINDER DATED 06/10/2020
                    IN OA NO.180/00262/2020.
Annexure A22        A TRUE COPY OF RELEVANT PAGES OF ORDER

NO.11015/1/2018-SSS DATED 26/06/2020. Exhibit P5 A TRUE COPY OF THE ADDITIONAL REPLY STATEMENT DATED 21/01/2021 FILED BY THE OFFICIAL RESPONDENTS.

Annexure R3 TRUE COPY OF THE ORDER ISSUED BY THE MINISTRY OF STATISTICS AND PROGRAMME IMPLEMENTATION DATED 11/8/2020.

Annexure R4 TRUE COPY OF THE INSTRUCTIONS ISSUED BY THE MINISTRY OF FINANCE DEPARTMENT OF EXPENDITURE DATED 24/5/1993.

Annexure R5 TRUE COPY OF THE MINUTES OF THE CIVIL SERVICE BOARD DATED 27/2/2020 (EXTRACT COPIES). OP(CAT)No.47/2021

Exhibit P6 A TRUE COPY OF THE M.A.NO.170/2021 IN OA NO.180/00262/2020 DATED 24/02/2021 FILED BY THE 1ST RESPONDENT.

Annexure A24 A TRUE COPY OF ORDER NO.2(5) T & P/TNS/2020-

21 DATED 24/02/2021 ISSUED BY THE ASSISTANT DIRECTOR, REGIONAL OFFICE, MINISTRY OF STATISTICS AND PROGRAMME IMPLEMENTATION, NATIONAL STATISTICAL OFFICE (FIELD OPERATION DIVISION), 2ND FLOOR, R.K.MAHAL, 86, TAMIL SANGHAM ROAD, MADURAI - 625 001.

Exhibit P7 A TRUE COPY OF THE ADDITIONAL REJOINDER DATED 20TH FEBRUARY, 2021 FILED BY THE 1ST RESPONDENT ORIGINAL APPLICANT.

Annexure PA23 A TRUE COPY OF CERTIFICATE, DATED 14/01/2021 ISSUED BY DR.MAMMEN M.JOHN, CONSULTANT NEPHROOLOGIST, REG.NO.20136, MEDICAL TRUST HOSPITAL, DEPARTMENT OF NEPHROLOGY, KOCHI -

Exhibit P8 A TRUE COPY OF ORDER DATED 14TH FEB 2021 IN OA NO.262 OF 2020.

Exhibit P9 A TRUE COPY OF REPLY STATEMENT FILED BY THE PETITIONERS IN OA 180/00898/2019 DATED 05/01/2020.

Annexure R6A A TRUE COPY OF THE OFFICE MEMORANDUM, ISSUED BY THE SECOND RESPONDENT UNDER NO.11015/2/2015-SSS DATED 30TH NOVEMBER, 2015.

Annexure R6B A TRUE COPY OF THE REPRESENTATION DATED 14/02/2019.

Annexure R6C TRUE COPIES OF THE REPRESENTATIONS DATED 24/06/2019.

Annexure R6D TRUE COPY OF THE REPRESENTATION DATED 13/12/2019.

Annexure R6E TRUE COPY OF THE MEDICAL CERTIFICATE INDICTING THE HEALTH CONDITION OF THE APPLICANT';S SECOND CHILD.

Annexure R6F TRUE COPY OF THE REPRESENTATION DATED 29/08/2019.

Annexure R6G TRUE COPY OF THE REPRESENTATION DATED 29/08/2019.

Annexure R6H TRUE COPY OF THE BIRTH CERTIFICATE OF THE APPLICANT'S SON NOW AGED ABOUT ONE YEAR AND 11 MONTHS.

Annexure R6I TRUE COPY OF THE REPRESENTATION DATED 13/12/2019.