M. Satheesan vs The Principal Chief Conservator ...
2023 Latest Caselaw 5755 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
         THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
                                &
          THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
   WEDNESDAY, THE 24TH DAY OF MAY 2023 / 3RD JYAISHTA, 1945
                   OP(KAT) NO. 192 OF 2023
  AGAINST THE ORDER IN OA 123/2023 DTD 28.03.2023 OF KERALA
         ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONER/APPLICANT IN O.A.:

         M. SATHEESAN, AGED 53 YEARS, S/O LATE MANOHARAN,
         BEAT FOREST OFFICER, CHELLAKOVIL SECTION, KUMILY
         RANGE, IDUKKI DISTRICT, RESIDING AT PARUTHUMPARAYIL
         HOUSE, PERUMBEDU P.O., IDUKKI, KERALA, PIN - 685509

          BY ADVS.
          N.ANAND
          RAJESH O.N.


RESPONDENTS/RESPONDENTS IN O.A.:

    1     THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS,
          (HEAD OF FOREST FORCE), VAHUTHACAUD,
          THIRUVANANTHAPURAM, PIN - 695014

    2     DIVISIONAL FOREST OFFICER, MUNNAR FOREST DIVISION,
          DEVIKULAM, IDUKKI, PIN - 685613

    3     RANGE FOREST OFFICER, KUMILY RANGE, KUMILY, IDUKKI
          DISTRICT - KERALA, PIN - 685509

    4     ANIL LAL A., BEAT FOREST OFFICER, MARAYOOR
          DIVISION, IDUKKI DISTRICT, UNDER ORDERS OF TRANSFER
          TO KUMILY RANGE, KUMILY, IDUKKI DISTRICT, PIN -
          685509


OTHER PRESENT:

          SRI. B. UNNIKRISHNA KAIMAL-SR. GP


THIS OP (KAT) HAVING COME UP FOR ADMISSION ON 24.05.2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
    ALEXANDER THOMAS & C.JAYACHANDRAN, JJ.
   -------------------------------------------------------------------------
                        O.P(KAT).No.192/2023
[against the order dated 28.03.2023 passed by the Kerala Administrative Tribunal
                               in O.A.No.123 of 2023]
   --------------------------------------------------------------------
                    Dated this the 24th day of May, 2023


                              JUDGMENT

Alexander Thomas, J.

This Original Petition (KAT) is arising out of the impugned final

order dated 28.03.2023 in O.A.No.123 of 2023 on the file of KAT,

TVM.

2. Being aggrieved by the impugned proceedings as per

serial no.17 of Annexure-A1 transfer order dated 18.01.2023 issued by

the second respondent/Divisional Forest Officer, Munnar Division,

Idukki District, whereby the petitioner who is holding the post of Beat

Forest Officer has been ordered to be transferred from his then

station at Kumily Range to Marayur Division, he has filed the O.A.

before the Tribunal. According to the petitioner, he commenced his

posting at Kumily Range only with effect from 20.07.2021. The

petitioner would urge that, he is to retire on 13.04.2025. Further O.P(KAT).192/2023

that, ordinarily as per general transfer norms and guidelines, an

incumbent is permitted to continue in a given station atleast for a

period of 3 years. Further that the incumbent, who has only less than

3 years to retire from service, ordinarily may not be disturbed from

the said posting. But, contrary to these guidelines and norms, the

petitioner would allege that the second respondent, as per

Annexure-A1 order dated 18.01.2023., ordered to transfer him from

the present station at Kumily Range to Marayur Division. Being

aggrieved by Annexure-A1 transfer order dated 18.01.2023, petitioner

has filed the instant Original Application O.A.No.123/2023 before

the Kerala Administrative Tribunal, Thiruvananthapuram Bench.

The Tribunal, has rendered the impugned Ext.P5 verdict in the

instant O.A. on 28.03.2023, thereby, it is found that there is no

serious illegality or impropriety in the issuance of the impugned

Annexure-A1 transfer order to the extent it affects the petitioner and

has thus dismissed the O.A. The Tribunal has noticed therein that the

incumbents will have to be posted in Marayur Division for a period of

one year, which is being done turn by turn in public interest for

protecting the sandalwood trees in Marayur and that the respondents

are right in contending that the petitioner cannot legally seek any O.P(KAT).192/2023

exemption from working in Marayur Division etc,. Now, the original

applicant has filed the instant original petition to challenge the

impugned verdict of the Tribunal as per Ext.P5.

3. We have heard Sri.N.Anand, learned counsel appearing

for the petitioner in the O.P. (applicant in the O.A.) and

Sri.B.Unnikrishna Kaimal, learned Senior Government Pleader

appearing for the official respondents 1 to 3. In the nature of the

orders proposed to be passed in this Original Petition, notice to

contesting R4 will stand dispensed with.

4. This Court had directed the official respondents to

ascertain the correctness of the facts pleaded by the petitioner that,

subsequently two vacancies have arisen in Munnar Division and that,

there are two other anticipated vacancies as well.

5. The petitioner has pleaded in paragraph no.17 of this O.P.

that, on 31.05.2023, two promotional vacancies of Beat Forest Officer

will arise at Chellarkovil section and Kambammettu section, apart

from that, two vacancies are also presently available, namely one

temporary vacancy of Beat Officer at Vandanmedu since the

incumbent officer (one Smt. V.Ramya) has gone for training and

there is yet another open vacancy at Ayyapankovil Range, Kottayam O.P(KAT).192/2023

Division. It has thus been pleaded by the petitioner that the official

respondents can easily accommodate the petitioner at either of these

stations etc,.

6. Today, when the the matter was taken for consideration,

Sri.B.Unnikrishna Kaimal, learned Senior Government Pleader has

submitted that, he could not secure instructions in the matter and

that the official respondents has not furnished instructions to him so

far.

7. Since the matter is essentially challenging petitioner's

transfer order, we deem it not very necessary to keep this matter

pending any longer. We are told by Sri.M.Anand, learned counsel

appearing for the petitioner that the above said 4 vacancies pointed

out by him in paragraph no.17 of the memorandum of the original

petition are all under the administrative jurisdiction of the first

respondent, the Principal Chief Conservator of Forests (Head of

Forest Force), Thiruvananthapuram. It is brought to the notice that

the petitioner has not so far joined Marayur, pursuant to the

impugned Annexure-A1 transfer order. If that be so, the petitioner

will immediately join the transferred station at Marayur and then

may prefer his representation to the first respondent for O.P(KAT).192/2023

consideration of his request for posting to available vacancies.

8. Accordingly, it is ordered in the interest of justice that the

petitioner, after obeying the impugned transfer order may file a

comprehensive representation in the matter seeking for posting in

any one of such available vacancies before the first respondent (the

Principal Chief Conservator of Forests (Head of Forest Force)) and

this may be duly completed within a period of two weeks along with a

copy of this judgment. There upon, the first respondent will call for

report from the competent subordinate officers concerned to

ascertain the availability of said vacancies and thereafter may take a

considered decision on the request of the petitioner for

accommodating him in any one of such available vacancies and the

decision thereon may be rendered by the first respondent, without

much delay, preferably within a period of 6 weeks from the date of

receipt of a copy of the representation along with a copy of this

judgment. While taking such decision, the first respondent may take

into account the various aspects in the matter, including the case of

the petitioner that, he is to retire from 30.04.2025 and also take into

consideration the case of the petitioner that he is suffering from

various medical ailments as discernible from Annexure-A3 medical O.P(KAT).192/2023

certificate. The impugned verdict of the Tribunal at Ext.P5 will stand

modified and substituted as above.

With these observations and directions, the above Original

Petition (KAT) will stand disposed of.

Sd/-

ALEXANDER THOMAS, JUDGE

Sd/-

C.JAYACHANDRAN, JUDGE

Sbna/ O.P(KAT).192/2023

APPENDIX OF OP(KAT) 192/2023

PETITIONER ANNEXURES Annexure-A1 TRUE COPY OF THE SERVICE ORDER NO.

                    5/2023 DATED 18.01.2023 OF RESPONDENT

Annexure-A2         TRUE COPY OF S.O. NO. 41/2021 DATED
                    20.07.21   OF   THE  DIVISIONAL    FOREST

OFFICER, KOTTAYAM POSTING THE APPLICANT TO KUMILY RANGE Annexure-A3 TRUE COPY OF THE MEDICAL CERTIFICATE DATED 19.10.2022 ISSUED BY THE CONSULTANT, HEAD & NECK SURGEON, DISTRICT HOSPITAL, IDUKKI Annexure-R(2)(a) TRUE COPY OF THE LETTER NO. E7-

4557/2019 DATED 10.11.2021 Exhibit-P1 TRUE COPY OF THE ORIGINAL APPLICATION FILED BY THE PETITIONER IN O.A. NO.

123/2023 ON THE FILES OF THE KERALA ADMINISTRATIVE TRIBUNAL Exhibit-P2 TRUE COPY OF THE ORDER DATED 20.01.2023 PASSED IN O.A. NO. 123/2023 ON THE FILES OF THE KERALA ADMINISTRATIVE TRIBUNAL Exhibit-P3 TRUE COPY OF THE STATEMENT IN O.A. NO.

123/2023 FILED ON BEHALF OF THE 2ND RESPONDENT BEFORE KERALA ADMINISTRATIVE TRIBUNAL Exhibit-P4 TRUE COPY OF THE REJOINDER STATEMENT DATED 19.02.2023 FILED BY THE PETITIONER IN O.A. NO. 123/2023 ON THE FILES OF THE KERALA ADMINISTRATIVE TRIBUNAL Exhibit-P5 TRUE COPY OF THE ORDER DATED 28.03.2023 PASSED BY THE KERALA ADMINISTRATIVE TRIBUNAL IN OA 123/2023 Exhibit-P6 TRUE COPY OF GO(P) NO. 3/2017/P&AD DATED 25.02.2017 ISSUED BY THE GOVERNMENT OF KERALA Exhibit-P7 TRUE COPY OF THE DISCHARGE SUMMARY AND FOLLOW UP ISSUED BY DEPARTMENT OF UROLOGY, MEDICAL COLLEGE HOSPITAL, KOTTAYAM O.P(KAT).192/2023

Exhibit-P8 TRUE COPY OF THE MEDICAL CERTIFICATE DATED 14.01.2023 ISSUED BY CONSULTANT RADIOLOGIST, ST. JOHN'S HOSPITAL, KATTAPANNA Exhibit-P9 TRUE COPY OF THE CERTIFICATE DATED 21.01.2023 ISSUED BY THE CONSULTANT PSYCHIATRIST, ST. JOHN'S HOSPITAL, KATTAPANNA Exhibit-P10 TRUE COPY OF THE MEDICAL CERTIFICATE DATED 05.04.2023 ISSUED BY THE MEDICAL OFFICER, GOVERNMENT AYURVEDA DISPENSARY Exhibit-P11 TRUE COPY OF THE REQUEST DATED 02.01.2023 ALONG WITH ITS ENCLOSURE SUBMITTED BY PETITIONER TO RESPONDENT