Girish M.T vs State Of Kerala
2023 Latest Caselaw 1966 Ker

OP(KAT) No. 45 of 2023     1




           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
             THE HONOURABLE MR.JUSTICE S.V.BHATTI
                               &
            THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
   FRIDAY, THE 3RD DAY OF FEBRUARY 2023 / 14TH MAGHA, 1944
                    OP(KAT) NO. 45 OF 2023
        AGAINST THE ORDER/JUDGMENTOA 125/2023 OF KERALA
         ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONER/S:

          GIRISH M.T
          AGED 46 YEARS
          S/O. E.M. KUNHIRAMAN NAIR, SENIOR CLERK, BLOCK
          DEVELOPMENT OFFICE, PANAMARAM BLOCK, PANAMARAM
          P.O, WAYANAD - 670721, RESIDING AT MEETHALE VEEDU,
          EDAVAKA P.O, KALLODY, MANANTHAVADY (VIA),
          WAYANAD., PIN - 670645
          BY ADVS.
          JELSON J.EDAMPADAM
          M.FATHAHUDEEN


RESPONDENT/S:

    1      STATE OF KERALA
           REPRESENTED BY SECRETARY TO GOVERNMENT, LOCAL SELF
           GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT,
           THIRUVANANTHAPURAM, PIN - 695001

    2      COMMISSIONER OF RURAL DEVELOPMENT
           COMMISSIONERATE OF RURAL DEVELOPMENT, SWARAJ
           BHAVAN NANTHANCODU, KOWDIAR, THIRUVANANTHAPURAM,
           PIN - 695003

    3      SENIOR ADMINISTRATIVE OFFICER
           COMMISSIONERATE OF RURAL DEVELOPMENT, SWARAJ
           BHAVAN NANTHANCODU, KOWDIAR, THIRUVANANTHAPURAM,
           PIN - 695003
 OP(KAT) No. 45 of 2023    2




    4     ASSISTANT DEVELOPMENT COMMISSIONER (GENERAL)
          WAYANAD, KALPETTA NORTH P.O, WAYANAD, PIN - 673122

    5     BLOCK DEVELOPMENT OFFICER
          BLOCK DEVELOPMENT OFFICE, PANAMARAM, PANAMARAM
          P.O, WAYANAD, PIN - 670721

OTHER PRESENT:

          GP BEJOY CHANDRAN


    THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING
COME UP FOR ADMISSION ON 03.02.2023, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
 OP(KAT) No. 45 of 2023          3




                           JUDGMENT

Dated this the 3rd day of February, 2023

S.V. Bhatti, J

We have read the order under challenge. The Tribunal,

taking note of each one of the contentions urged by the

petitioner, juxtaposed the contentions with the scope of judicial

review and was persuaded not to interdict the order of transfer.

2. The learned counsel appearing for the petitioner tried to

explain or distinguish the circumstances to convince this Court

to conclude that the transfer is unwarranted and motivated. We

wish not to refer to these contentions where the issue relates to

the transfer of an employee from one place to another. We are

conscious of the scope of judicial review on order of transfer,

and for valid reasons recorded by the Tribunal, we have no

option except to express our concurrence for the same.

Accordingly, we do so. The Tribunal, in the last paragraph, has

observed as follows:

"7. However, we make it clear that the applicant will be at liberty to approach the appropriate authority among the respondents seeking transfer to any of other stations, other than Mananthavadi in Wayanad District. If any such approach is made, the same shall be considered, untrammeled by any observations contained herein above."

3. The learned Counsel submits that the liberty given by

the Tribunal may be expanded by permitting the petitioner to

make a representation for transfer from his present station:

Block Development Office, Panamaram, Wayanad, to

Malappuram.

If such a request is made, we are of the view that the same

is considered as has been observed by the Tribunal. With the

above observation, OP(KAT) stands dismissed.

Sd/-

S.V.Bhatti, Judge

Sd/-

Viju Abraham, Judge mtk

APPENDIX OF OP(KAT) 45/2023

PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE ORDER NO.RDI/E-2152/2022 DATED 03.08.2022 OF THE 4TH RESPONDENT Annexure A2 TRUE COPY OF THE ORDER NO.1574/ESTT C3/2022/CRD DATED 19.01.2023 OF THE 3RD RESPONDENT Annexure A3 TRUE COPY OF THE FIR NO.VC 3/2020-WYD DATED 27.11.2020 OF VACB, WAYANAD Annexure A4 TRUE COPY OF THE ORDER NO.RDI/ 1269/2017 DATED 20.05.2017 OF THE 4TH RESPONDENT Annexure A5 TRUE COPY OF THE ORDER NO.RD1/789/2019 DATED 29.07.2019 OF THE 4TH RESPONDENT Annexure A6 TRUE COPY OF THE ORDER NO.RD1/ 2924/2021 DATED 05.05.2022 OF THE 4TH RESPONDENT Annexure A7 TRUE COPY OF THE DISCHARGE SUMMARY DATED 11.06.2019 ISSUED BY THE ASTER MIMS INSTITUTE OF CARDIAC SCIENCES OF THE PETITIONER Annexure A8 TRUE COPY OF THE LETTER NO.ERB 1/20/2022/LSGD DATED 12.12.2022 OF THE 1ST RESPONDENT Annexure A9 TRUE COPY OF THE FIR NO.VC 1/2020-WYD DATED 30.06.2020 OF THE VACB, WAYANAD Exhibit P1 TRUE COPY OF THE O.A.125/2023 FILED BY THE PETITIONER BEFORE THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM.

Exhibit P2 TRUE COPY OF THE M.A 167/2023 FILED BY THE PETITIONER IN O.A.125/2023 BEFORE THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM Exhibit P3 CERTIFIED COPY OF THE ORDER DATED 24.01.2023, OF THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM IN O.A. 125 OF 2023 Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 30.06.2022 IN W.P(CRL).405/2022 OF THIS HON'BLE COURT