Kerala High Court
Dr Ranjith Ram, S/O A Raman vs State Of Kerala on 7 April, 2025
Author: A. Muhamed Mustaque
Bench: A.Muhamed Mustaque
2025:KER:29843
O.P. (KAT) No.145 of 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947
OP(KAT) NO. 145 OF 2025
AGAINST THE ORDER DATED 18.03.2025 IN OA (EKM) NO.1421
OF 2024 OF KERALA ADMINISTRATIVE TRIBUNAL AT
THIRUVANANTHAPURAM (ADDITIONAL BENCH, ERNAKULAM)
PETITIONER/APPLICANT IN OA:
DR RANJITH RAM, S/O A RAMAN, AGED 50 YEARS
S/O A RAMAN,AYODHYA, ATTENGANAM. P.O, KASARGOD,
671 531,WORKING AS ASSOCIATE PROFESSOR, DEPARTMENT
OF ELECTRONICS AND COMMUNICATION ENGINEERING, GOVT
COLLEGE OF ENGINEERING, KANNUR, PIN - 670 563
BY ADV T.V.JAYAKUMAR NAMBOODIRI
RESPONDENTS/RESPONDENTS IN OA:
1 STATE OF KERALA, REPRESENTED BY THE SECRETARY,
HIGHER EDUCATION DEPARTMENT, DEPARTMENT,
THIRUVANANTHAPURAM, PIN - 695 001
2 THE DIRECTOR, DIRECTORATE OF TECHNICAL EDUCATION,
PADMAVILASAM STREET, FORT. P.O,
THIRUVANANTHAPURAM, PIN - 695 023
3 PRINCIPAL, GOVERNMENT ENGINEERING COLLEGE,P.O,
PARASSINIKADAVU, MANGATTUPARAMBA,KANNUR DISTRICT,
PIN - 670 563
2025:KER:29843
O.P. (KAT) No.145 of 2025
2
A.J. VARGHESE SR GP
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP
FOR ADMISSION ON 07.04.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2025:KER:29843
O.P. (KAT) No.145 of 2025
3
JUDGMENT
A. Muhamed Mustaque, J.
The petitioner is an Associate Professor in the
Department of Electronic and Communication Engineering,
Government Engineering College, Kannur. He is also the Head of
the Department. He has been continuing in the Government
Engineering College, Kannur, for more than 23 years. In general
transfer, the petitioner has been posted at the Government
Engineering College, Wayanad. He made a representation raising
grievances. This was considered by the Government and by a
detailed Order dated 23.10.2024, the Government rejected his
representation. The grievances raised by him are that he has a
son studying in 10th standard, who has acute disabilities. A
disability certificate has been produced as Annexure A7. The
certificate issued by the Government Medical College, Kannur,
shows that the child has mild intellectual disability, the disability
has been assessed at 50 percent, and the IQ level is only 60.
2. The petitioner has approached the Tribunal
challenging the rejection of his representation. The Tribunal
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dismissed the challenge. Normally, the court is not expected to
interfere with the transfer unless such transfer is manifestly
arbitrary, illegal, or in violation of any norms. This is not an issue
coming within the ambit of any of the above criteria. The
question is whether personal matters related to a government
servant are required to be considered while affecting such a
transfer, especially when a child suffers from disabilities. In the
impugned order itself, the Government overruled the objection
and stated that the personal matter of an individual government
servant cannot be considered. This is, according to us, in the
context of this case, legally unsustainable.
3. Under the Rights of Persons with Disabilities Act,
2016, a person suffering from disabilities has been conferred with
certain rights. A Division Bench of this Court had considered this
matter in detail in Balan v. Union of India [2024 (1) KHC 64]
and held that the employer was bound to consider whether the
disabled child required the environment he enjoyed in equal
measures, consequent upon such transfer being effected. In
paragraphs 11 and 12, it is held as follows:
"11. Thus, the question arises whether absence of the
petitioner would deprive the child, the environment he
2025:KER:29843
enjoyed in equal measures with others. Considering the
age and other factors, it cannot be said that his wife
would be able to adequately maintain the child. If any of
the rights of the disabled child is denied by his absence,
going by S.5 of Chapter II of PWD Act, the transfer order
passed, without adverting to such right of the child,
becomes illegal. In the normal routine of matter, an
organisation is not expected to have a consideration of
the personal matters of an employee. However, when
such personal matters are intertwined with the rights
conferred under law, the organisation is bound to
address such matters and make sure that the transfer
would not affect the child's best interest.
12. The balancing factors of administrative interest and
individual interest of an employee vis - a - vis the rights
of a child with disability, will have to be primarily done
by the organisation. After adverting to all the
circumstances in the matter including medical reports of
the child, the living environment, community life etc., it
is for the organisation to balance their administrative
need and the need of an employee with reference to
such a child."
4. In the light of the Rights of Persons with
Disabilities Act, 2016, and various U.N. conventions referred to in
the above judgment, it is imperative for the Government to
consider and find out whether the rights of a child or disabled
person would be affected consequent upon effecting transfer. In
the light of the law as above, we direct the Government to
reconsider the matter afresh after hearing the petitioner and also
adverting to the circumstances related to the child. An
appropriate decision shall be taken within a period of two
months. Till then, the petitioner is permitted to continue there.
2025:KER:29843
The impugned order of the Tribunal as well as the order passed
by the Government are set aside.
The original petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
P. KRISHNA KUMAR
JUDGE
PR
2025:KER:29843
APPENDIX OF OP(KAT) 145/2025
PETITIONER ANNEXURES
Annexure A-1 TRUE COPY OF THE CIRCULAR NO. G1/94/2024
H EDU. DEPARTMENT DATED 03-06-2024
ISSUED BY 1ST RESPONDENT
Annexure A-2 TRUE COPY OF THE OBJECTION SUBMITTED BY
THE APPLICANT DATED 10-06-2024 TO THE
1ST RESPONDENT
Annexure A-3 TRUE COPY OF THE DRAFT LIST NIMBER
DTETVM/2177/2024-EA1(EA) DATED 05-05-
2024 PROPOSED BY 2ND RESPONDENT TO 1ST
RESPONDENT
Annexure A-4 TRUE COPY OF THE ORDER IN O.A.(EKM)
1043/2024 DATED 05-08-2024 IN O.A. (EKM)
NO. 1043/2024 OF THE HON'BLE KAT,
ERNAKULAM BENCH
Annexure A-5 TRUE COPY OF THE ORDER NO. GO (RT)
1071/2024 DATED 21-08-2024 ISSUED BY 1ST
RESPONDENT
Annexure A-6 TRUE COPY OF THE ORDER IN OA (EKM) NO.
1114/2024 DATED 23-08-2024 OF THE
HON'BLETRIBUNAL
Annexure A-7 TRUE COPY OF THE CERTIFICATE OF
DISABILITY OF APPLICANT'S SON ISSUED
FROM MEDICAL BOARD AT GOVERNMENT MEDICAL
COLLEGE, PARIYARAM DATED 11-09-2024
Annexure A-8 TRUE COPY OF THE OFFICIAL MEMORANDUM
DATED 08-10-2018 OF GOVERNMENT OF INDIA
Annexure A-9 TRUE COPY OF THE ORDER NO. GO (MS) NO.
22/2022 E.A.R. DEPARTMENT DATED 26-09-
2022 OF THE GOVERNMENT OF KERALA
Annexure A-10 TRUE COPY OF THE WRITTEN SUBMISSIONS
DATED 12-09-2024 TO 1ST RESPONDENT
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Annexure A-11 TRUE COPY OF THE ORDER NO. GO (RT).
1327/2024/HEDN DATED 23-10-2024 ISSUED
FROM 1ST RESPONDENT
Annexure A-12 TRUE COPY OF THE ORDER NO.
GCEKNR/2715/24-E2 DATED 25-10-2024 BY
THE 3RD RESPONDENT
Annexure A-13 TRUE COPY OF THE PDF PROPERTY OF
ANNEXURE A-12
Annexure A-14 TRUE COPY OF THE CERTIFICATE ISSUED FROM
THE HEAD MASTER GHSS, MORAZHA DATED 20-
02-2025
Annexure A-15 TRUE COPY OF THE UNOFFICIAL NOTES OF THE
2ND RESPONDENT TO RETAIN AN EMPLOYEE AT
GCE, THRISSUR DATED 27-03-2024
Annexure A-16 TRUE COPY OF THE GO (RT) NO. 1568/2024
HEDN DATED 18-12-2024
Exhibit P-1 TRUE COPY OF O.A. NO. 1421/2024 OF THE
KERALA ADMINISTRATIVE TRIBUNAL,
THIRUVANANTHAPURAM, ADDITIONAL BENCH,
ERNAKJULAM DATED 28-10-2024
Exhibit P-2 TRUE COPY OF THE REPLY STATEMENT FILED
BY THE 2ND RESPONDENT IN O.A. NO.
1421/2024 DATED 29-01-2025
Exhibit P-3 TRUE COPY OF THE REJOINDER FILED BY THE
PETITIONER IN O.A. NO. 1421/2024 DATED
03-03-2025
Exhibit P-4 TRUE COPY OF THE ORDER DATED 18-03-2025
IN OA (EKM) NO. 1421/2024 OF THE
KAT,THIRUVANANTHAPURAM, CAMP SITTING AT
ERNAKULAM
