Rasheed K vs State Of Kerala
2024 Latest Caselaw 17011 Ker

Kerala High Court

Rasheed K vs State Of Kerala on 20 June, 2024

Author: A. Muhamed Mustaque

Bench: A.Muhamed Mustaque

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
           THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                   &
                   THE HONOURABLE MR. JUSTICE S.MANU
THURSDAY, THE 20TH DAY OF JUNE 2024 / 30TH JYAISHTA, 1946
                        OP(KAT) NO. 261 OF 2024
AGAINST THE ORDER DATED 15.11.2023 IN OA (EKM) NO.1964 OF
2019          OF       KERALA      ADMINISTRATIVE      TRIBUNAL,
THIRUVANANTHAPURAM
PETITIONER/APPLICANT:

             RASHEED K, AGED 43 YEARS, S/O KASIM, DRIVER GR.
             II (L.D.V), PRINCIPLE AGRICULTURAL OFFICE,
             CHEMBUKAVU, THRISSUR, RESIDING AT PARUKKAM PADAM
             HOUSE, ELAVAM PADAM P.O, PALAKKAD, PIN - 678 684

             BY ADVS.
             M.H.ASIF ALI
             S.MUHAMMED HANEEFF
             RAJANA JOSE
             ARAVIND T RAMESH
             ASHIK ALI M.H.
             SHIBIMOL S.



RESPONDENTS/RESPONDENTS:

       1      STATE OF KERALA, REP. BY ITS SECRETARY,
              PERSONNEL AND ADMINISTRATIVE REFORMS (RULES)
              DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM, PIN
              - 695 001

       2      DEPARTMENT OF AGRICULTURE DEVELOPMENT &FARMERS
              WELFARE
              REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
              SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001

       3      DIRECTOR OF AGRICULTURE, DEPARTMENT OF
              AGRICULTURE DEVELOPMENT & FARMERS WELFARE,
              VIKAS, BHAVAN,THIRUVANANTHAPURAM, PIN - 695 033

       4      PRINCIPAL AGRICULTURAL OFFICER, OFFICE OF THE
 O.P. (KAT) No.261 of 2024

                                 ..2..



            PRINCIPAL AGRICULTURAL OFFICER, SHAKTHAN ARCADE,
            THRISSUR, PIN - 680 001

    5       THE DIRECTOR, KIRTADS, DIRECTORATE OF KIRTADS,
            CHEVAYUR, KOZHIKODE, PIN - 673 017

            A.J. VARGHESE   SR    GP


        THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME
UP FOR ADMISSION ON 20.06.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 O.P. (KAT) No.261 of 2024

                               ..3..




                    JUDGMENT

A. Muhamed Mustaque, J.

In the inter-district departmental transfer order obtained

by the petitioner, it is specifically stipulated that he will lose

seniority on being transferred. He availed transfer. Thereafter,

the seniority list was published. He questioned the seniority

list. That was unsuccessful before the tribunal. The tribunal

considered the transfer order as well as rigour of Note to 4 th

proviso the Rule 27 of Part II of KS&SSR and found that in

inter-district departmental transfer, the transferee will lose

seniority and he will be treated as Junior most in the

department where he is transferred. There is a challenge

against Note 2 to Rule 27 of Part II KS&SSR. The tribunal

considered the same and rejected it.

It is to be noted that the challenge to the statutory rules

should be based on the well defined norms recognised under

law. Competency and authority cannot be disputed. There is

..4..

no fundamental right to claim seniority. Therefore, the service

rules cannot be challenged based on the mere claim of an

employee. Therefore, the challenge to Note 2 to Rule 27 of

Part II of KS&SSR also be repelled. In view of the fact that in

the inter-district departmental transfer order itself it is

stipulated that he will lose the seniority, the tribunal was

justified in not interfering with the matter. There is no scope

for interference by this Court under Article 227 of the

Constitution of India. The challenge thus failed and

accordingly dismissed.

Sd/-

A.MUHAMED MUSTAQUE JUDGE

Sd/-

S.MANU JUDGE PR

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APPENDIX OF OP(KAT) 261/2024

PETITIONER ANNEXURES

Annexure A1 TRUE COPY OF THE ADVICE MEMO DT.

21.05.2012,ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, THRISSUR

Annexure A2 TRUE COPY OF THE ORDER BEARING G.O(P) NO. 5/2013/P&ARD DT 06.02.2013 ISSUED BY THE 1ST RESPONDENT

Annexure A3 TRUE COPY OF THE ORDER BEARING G.O (P) NO. 20/2014/ P&ARD DT. 10.07.2014 ISSUED BY THE 1ST RESPONDENT

Annexure A4 A TRUE COPY OF THE ORDER BEARING G.O (RT) NO.915 /2016/AGRICULTURE DT. 01.11.16 ISSUED BY THE 2ND RESPONDENT

Annexure A5 TRUE COPY OF THE COMMUNICATION BEARING NO, S.H (2)6389/17 DT. 11.04.17 ISSUED BY THE 3RD RESPONDENT

Annexure A6 TRUE COPY OF THE ORDER BEARING G.O(P) NO. 38/14 P&ARD) DT. 14. 11.14 ISSUED BY THE 1ST RESPONDENT

Annexure A7 TRUE COPY OF THE ORDER BEARING NO.

AF.3/197/2019/AGRICULTURE DT. 11.06.19 ISSUED BY THE 2ND RESPONDENT

Annexure A8 TRUE COPY OF THE ORDER BEARING G.O(P) NO. 5/97/P&ARD DT. 22.02.1991 ISSUED BY THE 1ST RESPONDENT

Annexure R3(a) TRUE COPY OF THE GOVERNMENT ORDER DATED 06.02. 2013 .

Annexure R3(b) TRUE COPY OF THE GOVERNMENT ORDER

..6..

DATED 01.11.2016.

Annexure R3(c) TRUE COPY OF THE GOVERNMENT ORDER DATED 10.07.2014.

Annexure R3(d) TRUE COPY OF THE GOVERNMENT ORDER DATED 11.06.2019

Annexure A9 TRUE COPY OF THE NOTICE BEARING NO IC2 36705/21 DT 31.01.2022 ISSUED BY THE CHIEF ENGINEER, IRRIGATION DEPARTMENT

Exhibit P1 TRUE COPY OF THE MEMORANDUM OF ORIGINAL APPLICATION IN O.A (EKM) NO. 1964/2019 ON THE FILES OF THE KERALA ADMINISTRATIVE TRIBUNAL

Exhibit P2 TRUE COPY OF THE REPLY STATEMENT FILED ON BEHALF OF THE 3RD RESPONDENT IN O.A (EKM) NO. 1964/2019 ON THE FILES OF THE KERALA ADMINISTRATIVE TRIBUNAL

Exhibit P3 TRUE COPY OF THE M.A (EKM) NO.

Exhibit P4 TRUE COPY OF THE ORDER DATED 15.11.2023 IN O.A (EKM) NO. 1964/2019

Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 20.12.2012 IIN W.A.1305/2008 ON THE FILES OF THE HON'BLE HIGH COURT OF KERALA