Kerala High Court
A.Satheesh Chandran vs State Of Kerala on 31 May, 2024
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
OP(KAT) NO. 221 OF 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE S.MANU
FRIDAY, THE 31ST DAY OF MAY 2024 / 10TH JYAISHTA, 1946
OP(KAT) NO. 221 OF 2024
AGAINST THE ORDER/JUDGMENT DATED 08.04.2024 IN OA NO.1909 OF 2023 OF
KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONER/S:
A.SATHEESH CHANDRAN
AGED 48 YEARS
S/O.AYYAPPAN NAIR, ADDITIONAL INSPECTOR OF FACTORIES
(HIGHER GRADE), OFFICE OF THE ADDITIONAL INSPECTOR OF
FACTORIES, MINI CIVIL STATION, IRINJALAKKUDA, THRISSUR-680
125. ('NANDANAM', KOTTAPPURAM, KOLLODE,
THIRUVANANTHAPURAM)., PIN - 695571
BY ADVS.
B.RAGHUNATHAN
M.SALIM
DR.STANLY CHAZHOOR
R.SRINATH
K.JALADHARAN
V.M.JACOB
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY- PRINCIPAL SECRETARY TO GOVERNMENT, LABOUR
AND SKILLS DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM., PIN - 695001
2 DIRECTOR OF FACTORIES AND BOILERS
OP(KAT) NO. 221 OF 2024
2
DIRECTORATE OF FACTORIES AND BOILERS, SURAKSHA BHAVAN,
KUMARAPURAM KANNAMMOOLA ROAD, KUMARAPURAM,
THIRUVANANTHAPURAM., PIN - 695011
3 INSPECTOR OF FACTORIES AND BOILERS,
OFFICE OF THE INSPECTOR OF FACTORIES AND BOILERS,
PEROORKADA, THIRUVANANTHAPURAM., PIN - 695005
4 NAVAROSE BEENA,
ADDITIONAL INSPECTOR OF FACTORIES, OFFICE OF THE ADDITIONAL
INSPECTOR OF FACTORIES - (THIRUVANANTHAPURAM DIVISION), 3RD
FLOOR, VASANTHAM TOWERS, PEROORKADA, THIRUVANANTHAPURAM.,
PIN - 695005
5 BABITHA.G.MENON,
ADDITIONAL INSPECTOR OF FACTORIES, OFFICE OF THE ADDITIONAL
INSPECTOR OF FACTORIES, KOTTAYAM SOUTH, KOTTAYAM-686 002.
(NOW ADDITIONAL FACTORY INSPECTOR, KOLLAM)., PIN - 691001
6 KSHEMA.S,
ADDITIONAL INSPECTOR OF FACTORIES, OFFICE OF THE ADDITIONAL
INSPECTOR OF FACTORIES, ALUVA, ERNAKULAM-683 101. (NOW
ADDITIONAL INSPECTOR OF FACTORIES, THIRUVANANTHAPURAM, 3RD
FLOOR, VASANTHAM TOWERS, PEROORKADA, THIRUVANANTHAPURAM),
PIN - 695005
7 SIMI.H,
ADDITIONAL INSPECTOR OF FACTORIES, OFFICE OF THE ADDITIONAL
INSPECTOR OF FACTORIES, IRINJALAKUDA, THRISSUR-680 121.
(NOW ADDITIONAL INSPECTOR OF FACTORIES, ALUVA, ERNAKULAM).,
PIN - 683101
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR
ADMISSION ON 31.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(KAT) NO. 221 OF 2024
3
JUDGMENT
Dated this the 31st day of May 2024
A.Muhamed Mustaque, J.
The limited request of the petitioner is that he should be
considered based on his application for general transfer as per
circular No. 11/2024 dated 25.04.2024. It is stipulated in the above
circular that those who have not completed three years as on
28.02.2024 will not be considered for general transfer.
2. According to him, while he was officiating as Additional
Inspector of Factories, Neyyattinkara, he was transferred midway to
Irinjalakuda on 21.10.2023. The petitioner submitted that he had
served the station at Neyyattinkara for 4 years and the transfer
made on 21.10.2023 was not based on any general transfer.
3. In the light of the fact that the transfer was made midway of
the year, it shall not stand in the way of general transfer norms as
per the circular No. 11/2024 dated 25.04.2024. Therefore, we order
that petitioner also should be considered for general transfer along
with others and Clause No.2 in Transfer norms will not operate
OP(KAT) NO. 221 OF 2024
against the petitioner for consideration.
This original petition is disposed of with the above observation.
Sd/
A.MUHAMED MUSTAQUE
JUDGE
sd/
S.MANU
JUDGE
jm/
OP(KAT) NO. 221 OF 2024
APPENDIX OF OP(KAT) 221/2024
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE ORDER NO.E1/176/2019/(2)F&B
DATED 17.6.2019 OF THE 2ND RESPONDENT.
Annexure A2 TRUE COPY OF THE ORDER NO.DF&B/516/2023/E1
DATED 21.10.2023 OF THE 2ND RESPONDENT.
Annexure A3 TRUE COPY OF THE CIRCULAR NO.08/2022 DATED
28.2.2022 OF THE 2ND RESPONDENT.
Annexure A4 TRUE COPY OF THE FINAL ORDER DATED 18.10.2021
IN OA NO.1124 OF 2021 OF THE HONORABLE KAT,
THIRUVANANTHAPURAM.
Annexure A5 TRUE COPY OF GO(RT)NO.1311/2021/LABOUR DATED
15.11.2021 OF GOVT. OF KERALA.
Annexure A6 TRUE COPY OF THE ORDER NO.E1-5089/2021/F&B
DATED 29.11.2021 OF THE 2ND RESPONDENT.
Annexure R2(a) TRUE COPY OF TRANSFER REQUESTS.
Annexure R2(b) TRUE COPY OF PROCEEDINGS OF THE DIRECTOR OF
FACTORIES AND BOILERS DEPARTMENT IN ORDER
NO.DF&B/516/2023/E1 DATED 21.10.2023.
Annexure R2(c) TRUE COPY OF LETTER NO.JDKLM/AIF/TVM/124/2023-A
DATED 26.10.2023 OF THE ADDITIONAL INSPECTOR OF
FACTORIES ADDRESSED TO THE DIRECTOR OF
FACTORIES AND BOILERS, THIRUVANANTHAPURAM.
Annexure R2(d) TRUE COPY OF PROCEEDINGS OF THE DIRECTOR OF
FACTORIES AND BOILERS IN ORDER NO.DFB/516/2023-
E1 DATED 26.10.2023.
Annexure R2(e) TRUE COPY OF DCB STATEMENT.
OP(KAT) NO. 221 OF 2024
Annexure R2(f) TRUE COPY OF DCB STATEMENT FOR THE MONTH OF
SEPTEMBER, 2022-2023.
Annexure R2(g) TRUE COPY OF PROCEEDINGS OF THE DIRECTOR OF
FACTORIES AND BOILERS IN ORDER
NO.DFB/516/2023/E1 DATED 19.7.2023.
Annexure R2(h) TRUE COPY OF HEARING AND CONFESSION DATED
25.9.2019.
Annexure R2(i) TRUE COPY OF LETTER NO.171/2021/AIF/N DATED
26.8.2021 OF THE ADDITIONAL INSPECTOR OF
FACTORIES, NEYYATTINKARA DIVISION ADDRESSED TO
THE DIRECTOR OF FACTORIES AND BOILERS,
THIRUVANANTHAPURAM ALONG WITH LIST OF NEWLY
FOUND UNREGISTERED FACTORIES.
Annexure R2(j) TRUE COPY OF REPORT.
Annexure R2(k) TRUE COPY OF CHARGE MEMO IN NO.E1/5414/2021/F&B
DATED 5.9.2022.
Annexure R2(l) TRUE COPY OF PROCEEDINGS OF THE DIRECTOR OF
FACTORIES AND BOILERS IN ORDER NO.E1-
5414/2022/F&B DATED 11.1.2023.
Annexure R2(m) TRUE COPY OF APPLICATION FOR GENERAL TRANSFER
DATED 20.1.2021 OF AJITH KUMAR.K.K.
Annexure R5(a) TRUE COPY OF THE TREATMENT CERTIFICATE DATED
18.11.2015 OF THE DAUGHTER OF THE 5TH
RESPONDENT.
Annexure R5(b) TRUE COPY OF THE CLINICAL NOTE DATED 3.7.2023
OF THE DAUGHTER OF THE 5TH RESPONDENT.
Annexure R5(c) TRUE COPY OF THE REPRESENTATION DATED 20.2.2023
MADE BY THE 5TH RESPONDENT BEFORE THE 2ND
OP(KAT) NO. 221 OF 2024
RESPONDENT.
Annexure R6(a) TRUE COPY OF THE REPRESENTATION MADE BY THE 6TH
RESPONDENT BEFORE THE 2ND RESPONDENT.
Annexure R7(a) TRUE COPY OF THE REPRESENTATION DATED 20.4.2022
MADE BY THE 7TH RESPONDENT BEFORE THE 2ND
RESPONDENT.
Annexure R7(b) TRUE COPY OF THE REPRESENTATION DATED 2.6.2023
MADE BY THE 7TH RESPONDENT BEFORE THE 2ND
RESPONDENT.
Exhibit P1 TRUE COPY OF OA NO.1909 OF 2023 ALONG WITH
ANNEXURES ON THE FILE OF THE KERALA
ADMINISTRATIVE TRIBUNAL, PRINCIPAL BENCH,
THIRUVANANTHAPURAM.
Exhibit P2 TRUE COPY OF THE REPLY STATEMENT FILED ON
BEHALF OF 1ST AND 2ND RESPONDENTS DATED
20.1.2024.
Exhibit P3 TRUE COPY OF THE REPLY STATEMENT FILED BY 4TH
RESPONDENT DATED 2.3.2024.
Exhibit P4 TRUE COPY OF THE REPLY STATEMENT FILED BY 5TH
RESPONDENT DATED 6.1.2024.
Exhibit P5 TRUE COPY OF THE REPLY STATEMENT FILED BY 6TH
RESPONDENT DATED 6.1.2024.
Exhibit P6 TRUE COPY OF THE REPLY STATEMENT FILED BY 7TH
RESPONDENT DATED 6.1.2024.
Exhibit P7 TRUE COPY OF ORDER IN OA NO.1909 OF 2023 DATED
8.4.2024 OF THE KERALA ADMINISTRATIVE TRIBUNAL,
PRINCIPAL BENCH, THIRUVANANTHAPURAM.
Exhibit P8 TRUE COPY OF CIRCULAR NO.11/2024 DATED
OP(KAT) NO. 221 OF 2024
25.4.2024 ISSUED BY 2ND RESPONDENT.
Exhibit P9 TRUE COPY OF THE APPLICATION FOR GENERAL
TRANSFER, 2024 SUBMITTED BY APPLICANT DATED
8.5.2024.
