Kerala High Court
Shaji.S vs State Of Kerala on 30 September, 2024
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque, Murali Purushothaman
OP(KAT) NO. 368 OF 2024 : 1 :
2024:KER:72440
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
MONDAY, THE 30TH DAY OF SEPTEMBER 2024 / 8TH ASWINA, 1946
OP(KAT) NO. 368 OF 2024
AGAINST THE JUDGMENT DATED 28.08.2024 IN OA NO.1303 OF
2024 OF THE KERALA ADMINISTRATIVE TRIBUNAL,
THIRUVANANTHAPURAM
PETITIONERS/APPLICANTS:
1 SHAJI.S, AGED 49 YEARS
S/O.SREEDHARAN.V.K., SENIOR INSPECTOR,
ASSISTANT REGISTRAR OFFICE, VAIKOM,
KOTTAYAM-686141,
RESIDING AT EDAYILAVEEDU, KADUVINAL.P.O.,
ALAPPUZHA, KERALA, PIN - 690501
2 ASHOK S., AGED 40 YEARS
S/O.G.SASIDHARAN, SPECIAL GRADE AUDITOR,
O/O. THE ASSISTANT DIRECTOR (AUDIT),
KOTTARAKARA, KOLLAM-691506,
RESIDING AT ASHOK BHAVAN, PADA VADAKKU,
KARUNAGAPPALLY.P.O., KOLLAM, KERALA, PIN -
690518
3 THUSHANTH V., AGED 36 YEARS
S/O.P.VASUDEVAN, JUNIOR INSPECTOR OF CO-
OPERATIVE SOCIETY/SPECIAL SALE OFFICER, VAIKOM
PCARDB GROUP, ASSISTANT REGISTRAR (GENERAL)
OFFICE, VAIKOM, KOTTAYAM-
686141, RESIDING AT THUSHARAM,
KIDANGAYAM NADUVIL, PATHARAM.P.O., SOORANADU,
SOUTH KOLLAM, KERALA,, PIN - 690522
4 ABDUL JALEEL M.A., AGED 38 YEARS
S/O.ABDUL ASSIS, CONCURRENT AUDITOR,
O/O. THE ASSISTANT DIRECTOR OF CO-OPERATIVE
AUDIT, PEERUMEDU TALUK, IDUKKI-685531,
OP(KAT) NO. 368 OF 2024 : 2 :
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RESIDING AT MARIYIL HOUSE, ELAMDESOM.P.O.,
ELAMDESOM, THODUPUZHA, IDUKKI, KERALA,, PIN -
685588
BY ADVS.
P.T.DINESH
BABY MATHEW
SEBASTIAN K.JOSE
AJIRAJ G.R.
RESPONDENT(S)/RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
CO-OPERATION DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM,, PIN - 695001
2 THE REGISTRAR OF CO-OPERATIVE SOCIETIES
JAWAHAR SAHAKARANA BHAVAN, THYCAUD.P.O.,
THIRUVANANTHAPURAM,, PIN - 695001
R BY SR.GP SMT.NISHA BOSE
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME
UP FOR ADMISSION ON 30.09.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
OP(KAT) NO. 368 OF 2024 : 3 :
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JUDGMENT
A.Muhamed Mustaque,J.
The petitioners were the applicants before the
Kerala Administrative Tribunal, Thiruvananthapuram in
O.A.No.1303 of 2024. Their grievance was that the newly
introduced software for transfer application in Co-
operative Department is in violation of Annexure-A2
Government Order. It is submitted that there is no
provision for selecting a particular station in a particular
District as also there is no provision to apply for a
particular post in a particular District. It is further
submitted that it does not also provide provision for
applying intra-district transfer. These alleged anomalies
have been pointed out in the light of Annexure-A2
Government Order.
2. We note that, this is the first time a Co-
operative Department has come out with a transfer policy
at various levels. In what manner they should have a
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transfer scheme is a matter purely for the Department to
decide. It is now submitted that a draft transfer list has
been published and objections have been called for. We
are of the view that, the 1st respondent shall consider
whether this present notification for transfer is in violation
of Annexure-A2 Government Order and whether the
suggestions of the applicants/petitioners can be included
in the present or future transfer policy also. Appropriate
decision shall be taken at the earliest, at any rate, within
a period of four weeks from the date of receipt of a copy
of this judgment, after affording an opportunity of hearing
to the petitioners either online or in person.
The original petition is disposed of accordingly.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
SB
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APPENDIX
PETITIONER ANNEXURES
Exhibit-P1 TRUE COPY ORDER DATED 22.08.2024 IN O.A.NO.
1303/2024 BY THE HONOURABLE KERALA
ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
Exhibit-P2 TRUE COPY OF THE ORIGINAL APPLICATION [O.A
NO. 1303/2024] WITH ALL ANNEXURES FILED
BEFORE THE KERALA ADMINISTRATIVE TRIBUNAL,
THIRUVANANTHAPURAM
Annexure-A1 TRUE COPY OF THE G.O.(P) NO.03/2017/P & ARD
in Ext.P2 ISSUED BY THE GOVERNMENT DATED 25.02.2017.
Annexure-A2 TRUE COPY OF THE G.O.(MS) NO. 8/2023/CO-OP.
in Ext.P2 ISSUED BY THE 1ST RESPONDENT DATED 04.06.2023
ALONG WITH THE NORMS FOR GENERAL TRANSFER IN
THE CO-OPERATIVE DEPARTMENT.
Annexure-A3 TRUE COPY OF THE COMMON ORDER IN O.A.NO.
in Ext.P2 20/2024 AND O.A.NO. 404/2024 ISSUED BY THE
HONOURABLE KERALA ADMINISTRATIVE TRIBUNAL,
THIRUVANANTHAPURAM DATED 07.03.2024.
Annexure-A4 TRUE COPY OF THE ORDER NO.RCS/3043/2024-EA(2)
in Ext.P2 ISSUED BY THE 2ND RESPONDENT DATED
09.08.2024.
Annexure-A5 TRUE COPY OF THE ORDER NO.RCS/3043/2024-EA(2)
in Ext.P2 ISSUED BY THE 2ND RESPONDENT DATED
19.08.2024.
Annexure-A6 TRUE COPY OF THE REPRESENTATION SUBMITTED BY
in Ext.P2 THE 1ST APPLICANT (1ST PETITIONER HEREIN)
BEFORE THE 2ND RESPONDENT DATED 16.08.2024.
Annexure-A7 TRUE COPY OF THE REPRESENTATION SUBMITTED BY
in Ext.P2 THE 2ND APPLICANT (2ND PETITIONER HEREIN)
BEFORE THE 2ND RESPONDENT DATED 18.08.2024.
Annexure-A8 TRUE COPY OF THE REPRESENTATION SUBMITTED BY
in Ext.P2 THE 3RD APPLICANT (3RD PETITIONER HEREIN)
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BEFORE THE 2ND RESPONDENT DATED 13.08.2024.
Annexure-A9 TRUE COPY OF THE REPRESENTATION SUBMITTED BY
in Ext.P2 THE 4TH APPLICANT (4TH PETITIONER HEREIN)
BEFORE THE 2ND RESPONDENT DATED 16.08.2024.
Exhibit-P3 TRUE COPY OF THE ORDER NO.RCS/6462/2021-EA(1)
DATED 08.12.2023 BY THE 2ND RESPONDENT
Exhibit-P4 TRUE COPY OF THE APPLICATION FOR GENERAL
TRANSFER DOWNLOADED FROM THE SOFTWARE
PERTAINS TO THE TRANSFER APPLICATION OF THE
1ST PETITIONER HEREIN FOR THE GENERAL
TRANSFER OF 2023
Exhibit-P5 TRUE COPY OF THE APPLICATION FOR GENERAL
TRANSFER DOWNLOADED FROM THE SOFTWARE
PERTAINS TO THE TRANSFER APPLICATION OF THE
1ST PETITIONER HEREIN FOR THE GENERAL
TRANSFER OF 2024
Exhibit-P6 TRUE COPY OF THE ORDER DATED 22.03.2022 IN
C.P.NO. 22 OF 2022 IN O.A.NO. 1315 OF 2021 BY
THE HONOURABLE KERALA ADMINISTRATIVE
TRIBUNAL, THIRUVANANTHAPURAM
Exhibit-P7 TRUE COPY OF THE ORDER DATED 12.10.2021 IN
O.A.NO. 1912 OF 2021 BY THE HONOURABLE KERALA
ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
IN FAVOR OF THE 2ND PETITIONER HEREIN
Exhibit-P8 TRUE COPY OF THE G.O.(RT.) NO. 734/2021/CO-
OP. DATED 21.12.2021 BY THE SECRETARY TO
GOVERNMENT ISSUED TO THE 2ND PETITIONER
HEREIN
Exhibit-P9 TRUE COPY OF THE ORDER DATED 20.05.2022 IN
O.A.NO 506/2022 BY THE HONOURABLE KERALA
ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
Exhibit-P10 TRUE COPY OF THE ORDER DATED 19.04.2023 IN
O.A.NO 648/2023 BY THE HONOURABLE KERALA
ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
TO THE 2ND PETITIONER HEREIN
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Exhibit-P11 TRUE COPY OF THE THE JUDGMENT DATED
26.06.2023 IN O.P.(KAT) NO. 267/2023 PASSED
BY THIS HONOURABLE COURT
