Kerala High Court
Deepak S vs State Of Kerala on 11 August, 2025
Author: Anil K. Narendran
Bench: Anil K. Narendran
O.P.(KAT)NOS.335 AND 340 OF 2025
1 2025:KER:60781
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN
&
THE HONOURABLE MR. JUSTICE MURALEE KRISHNA S.
MONDAY, THE 11TH DAY OF AUGUST 2025 / 20TH SRAVANA, 1947
O.P.(KAT) NO.340 OF 2025
AGAINST THE ORDER DATED 23.07.2025 IN O.A. NO.655 OF 2025 OF
KERALA ADMINISTRATIVE TRIBUNAL AT THIRUVANANTHAPURAM (ADDITIONAL BENCH,
ERNAKULAM)
PETITIONERS/APPLICANTS 1 TO 12 AND 14 TO 18 AND 20 TO 29 IN O.A.:
1 CHANTHU R
AGED 44 YEARS
S/O RAMESH BABU R, WORKING AS AMVI, MOTOR VECHICLES,
WORKING AS AMVI, RTO THRISSUR, RESIDING AT SREE GANESH
MANDIRAM, PALAMUKKU ANCHAL P.O, KOLLAM, KERALA. PERMANENT
ADDRESS-SREE GANESH MANDIRAM, PALAMUKKU ANCHAL P.O, KOLLAM,
KERALA, MOBILE-9847905993, PIN - 691306
2 ABBAS C.M
AGED 42 YEARS
S/O MOIDEEN C.M CHITTETHUKUDY HOUSE, PANIPRA P.O,
KOTHAMANGALAM ERNAKULAM WORKING AS AMVI, RTO MUVATTUPUZHA,
ERNAKULAM, PIN - 686692
3 RAJESH K.B
AGED 44 YEARS
S/O. BABU K.R KADUVANGASSERY HOUSE, CHERAI P.O, ERNAKULAM
WORKING AS AMVI, RTO PALAKKAD, PIN - 683514
4 PRATHAP K
AGED 43 YEARS
S/O. KRISHNAPILLAI, KIZHAKKEMANGALATHU VEEDU,
AYANICKATTUKONAM, MADAVOOR P.O, THIRUVANANTHAPURAM, WORKING
AS AMVI, RTO THRISSUR, PIN - 695602
5 ANISH K.M
AGED 40 YEARS
S/O MURALIDHARAN, KULATHOOR, THOTTUMUGHAM P.O, ALUVA,
WORKING AS AMVI, RTO PALAKKAD, PIN - 690519
6 KAVITHAN S.S
AGED 45 YEARS
O.P.(KAT)NOS.335 AND 340 OF 2025
2 2025:KER:60781
S/O. G SUSEELAN, KAVITHAN NIVAS, MUKKAMPALAMOODU,
NARUVAMOODU P.O, TRIVANDRUM, WORKING AS AMVI, RTO PALAKKAD,
PIN - 695528
7 SUNIL KUMAR T.R
AGED 42 YEARS
S/O. RUDRA WARIER, THIRUVELLAMANTHULLY VARYAM, PIRAROOR
P.O, KALADY, ERNAKULAM, WORKING AS AMVI, SRTO
KOTHAMANGALAM, ERNAKULAM, PIN - 683574
8 SREEJITH S.J
AGED 36 YEARS
S/O.SREEVALSAN, S SREERAGAM, KURUTHAMCODU P.O, KATTAKADA,
TRIVANDRUM, WORKING AS AMVI, RTO KOZHIKODE, PIN - 695572
9 AKHIL. M. V
AGED 49 YEARS
S/O. K. K. RAGHAVAN, RAJAMANDIRAM, CHALAT P. O, KANNUR,
WORKING AS AMVI, SRTO THALASSERY, KANNUR, PIN - 670014
10 VISHNU M.S
AGED 36 YEARS
S/O SASI, MANNIDAMTHARA VAYALAR P.O, CHERTHALA, ALAPPUZHA,
WORKING AS AMVI, SRTO CHITTUR, PALAKKAD, PIN - 688536
11 SHIBU S
AGED 49 YEARS
S/O. SUDHAKARAN, KUNNIL VEEDU, AZHOOR P.O, PERUNGUZHI,
WORKING AS AMVI, SRTO PERUMBAVOOR, ERNAKULAM, PIN - 683548
12 JAYAKUMAR. C. C
AGED 36 YEARS
S/O C. K. CHATHU, CHERIMAL HOUSE, KAINOOR P. O, THRISSUR,
WORKING AS AMVI, RTO WAYANAD, PIN - 680014
13 PRAVEENRAJ. D
AGED 42 YEARS
S/O. DIVAKARAN, JYOTHIS EDAVANASSERY MYNAGAPPALLY KOLLAM,
WORKING AS AMVI, RTO KOZHIKODE, PIN - 673020
14 SABIN K
AGED 38 YEARS
S/O. BALAKRISHNAN P.V NISHAVANI (H), PADNEKADAPPURAM,
PADNEKADAPPURAM P.O, KASARAGOD, WORKING AS AMVI, RTO
VATAKARA, KOZHIKODE, PIN - 671312
15 MANEESH K
AGED 42 YEARS
S/O. BALAN K, KANNAN NIVAS RAYARANGOTH POST, VATAKARA
KOZHIKODE, WORKING AS AMVI, RTO, KASARAGOD, PIN - 673102
16 JIJI ALOYSIUS
AGED 42 YEARS
S/O ALOYSIUS A, SAJI NIVAS, VELLIMON P.O, KUNDARA, KOLLAM,
WORKING AS AMVI, SRTO FEROKE KOZHIKODE, PIN - 691511
O.P.(KAT)NOS.335 AND 340 OF 2025
3 2025:KER:60781
17 BIBIN RAVEENDRAN
AGED 41 YEARS
S/O K.K RAVEENDRAN VATTAKKATTUKALAYIL PERUMBAIKAD P.O,
KOTTAYAM, WORKING AS AMVI, SRTO TALIPARAMBA, KANNUR, PIN -
686016
18 SREEKANTH K T
AGED 34 YEARS
S/O.ANIYAN M, KAINIKKAT HOUSE, THIRUVANIKKAVU P O OLLUKKARA
THRISSUR, WORKING AS AMVI, SRTO IRINJALAKUDA, THRISUR, PIN
- 680655
19 KISHORE K
AGED 34 YEARS
S/O.KRISHNAN CHETTIYAR, KRISHNAVILASOM, VALIYAKATTACKAL
VENJARAMOODU P.O, WORKING AS AMVI, RTO TRISSUR, PIN -
695607
20 SUJITH R
AGED 45 YEARS
S/O. RENGAN P.G, POYYARA HOUSE, JTS ROAD KODUNGALLUR
THRISSUR, WORKING AS AMVI, SRTO IRIJALAKKUDA, THRISSUR, PIN
- 680664
21 JOSEPH SHANDRIN RODRIGUES
AGED 38 YEARS
S/O. STANLY RODRIGUES, KOLLAMVELIYAKATH HOUSE, PADIYOOR
P.O, OLIYAPURAM THRISSUR, WORKING AS AMVI, SRTO THRIPRAYAR,
THRISSUR, PIN - 680688
22 SUDEESH M.G
AGED 42 YEARS
S/O. K GOVINDAN, KANHIRAPUZHA HOUSE, KUNIYAN EAST
KARIVELLUR, KANNUR, WORKING AS AMVI, SRTO KANHANGAD,
KASARGODE, PIN - 671315
23 VIPIN DAS P
AGED 34 YEARS
S/O. SIVADASAN P, ANURAG, KOLOTTUPARAMBA P.O, MANNUR,
KOZHIKODE, WORKING AS AMVI, SRTO KODUVALLY, KOZHIKODE, PIN
- 673572
24 VIVEK RAJ PARAMBAN
AGED 35 YEARS
S/O.RAJEEVAN P MINNADAN HOUSE, VATTAKANDY, AZHIKODE, SOUTH
P.O, KANNUR, WORKING AS AMVI, SRTO TALIPARAMBA, KANNUR, PIN
- 670009
25 SREEJITH S.J
AGED 36 YEARS
S/O.SREEVALSAN S SREERAGAM, KURUTHAMCODU P.O, KATTAKADA,
TRIVANDRUM, WORKING AS AMVI, RTO KOZHIKODE, PIN - 695572
26 ARUN M.R
O.P.(KAT)NOS.335 AND 340 OF 2025
4 2025:KER:60781
AGED 39 YEARS
S/O.RAJAN M MADAMBATH HOUSE, NELLAYI POST, THRISSUR,
WORKING AS AMVI, SRTO IRINJALAKKUDA, THRISSUR, PIN - 680305
27 AJAY MOHANDAS
AGED 37 YEARS
S/O. JAYAN P.O, PURAKKATTU H, PALKKUZHA, KARIMPANA P O,
KOOTHATTUKULAM ERNAKULAM, WORKING AS AMVI, SRTO
VANDIPERIYAR, IDUKKI, PIN - 686662
BY ADV SRI.S.SUJIN
RESPONDENTS/RESPONDENTS AND APPLICANTS 13 AND 19 IN THE O.A.:
1 STATE OF KERALA
REPRESENTED BY SECRETARY, TRANSPORT DEPARTMENT, STATUE,
THIRUVANANTHAPURAM, PIN - 695001
2 THE TRANSPORT COMMISSIONER
DEPARTMENT OF MOTOR VEHICLES, 2ND FLOOR, TRANS TOWER,
VAZHUTHACAUD P.O, THIRUVANANTHAPURAM, PIN - 695014
3 SUJITH V.S
S/O. R SUKUMARA, PULLAMPALLIL EVOOR, SOUTHKEERIKKAD P.O,
ALAPPUZHA, WORKING AS AMVI, RTO KASARAGOD, PIN - 690508
4 DINEESH KUMAR
S/O.C. DINESAN, KUTHUVALLIL HOUSE, ALAPPUZHA, WORKING AS
AMVI, SRTO TIRUR, MALAPPURAM, PIN - 688001
OTHER PRESENT:
B. UNNIKRISHNA KAIMAL SR. GP
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION
ON 11.08.2025, ALONG WITH OP(KAT).335/2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
O.P.(KAT)NOS.335 AND 340 OF 2025
5 2025:KER:60781
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN
&
THE HONOURABLE MR. JUSTICE MURALEE KRISHNA S.
MONDAY, THE 11TH DAY OF AUGUST 2025 / 20TH SRAVANA, 1947
O.P.(KAT)NO.335 OF 2025
AGAINST THE ORDER DATED 15.07.2025 IN O.A.NO.717 OF 2025 OF
KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONERS/APPLICANTS 2 TO 20, 22 TO 24 AND 26:
1 DEEPAK S
AGED 40 YEARS
S/O. K SREEDHARA PANICKER, RESHMI (H), MARUTHORVATTOM P.O,
CHERTHALA, ALAPPUZHA - 688539, WORKING AS ASSISTANT MOTOR
VEHICLE INSPECTOR, RTO THRISSUR, PIN - 680001
2 AMALLAL M C
AGED 41 YEARS
S/O. MOHANAN V., MOHAN VILLA, PUTHENKULAM, PUTHENKULAM P.O,
KOLLAM -691302, WORKING AS ASSISTANT MOTOR VEHICLE
INSPECTOR, SRTO VARKALA, THIRUVANANTHAPURAM, PIN - 695141
3 DHANAL D.G
AGED 38 YEARS
S/O DIVAKARAN, P.K D.G.NIVAS, ANCHAL P.O, KOLLAM - 691306
WORKING AS ASSISTANT MOTOR VEHICLE INSPECTOR, RTO ATTINGAL,
THIRUVANANTHAPURAM, PIN - 695101
4 ABDUL ROSH A
AGED 35 YEARS
S/O ABDUL RASHEED ROSE COTTAGE, PADINJATTAKKARA P.O,
THEVALAKKARA, KOLLAM - 690524 WORKING AS ASSISTANT MOTOR
VEHICLE INSPECTOR, SRTO KAYAMKULAM, ALAPPUZHA, PIN - 690503
5 SANDEEP R
AGED 34 YEARS
S/O RAMACHANDRAN PILLAI, SREESAILAM NEDUVATHOOR,
KOTTARAKKARA NEELESWARAM P.O - 691505 WORKING AS ASSISTANT
MOTOR VEHICLE INSPECTOR, SUB RTO KONNI, PATHANAMTHITTA, PIN
- 689645
6 PRAJEESH K.P
AGED 36 YEARS
S/O. PANKAJAKSHAN K.P KURUNNADATH PATTANAKKAD P O,
CHERTHALA, ALAPPUZHA - 688531 WORKING AS ASSISTANT MOTOR
O.P.(KAT)NOS.335 AND 340 OF 2025
6 2025:KER:60781
VEHICLE INSPECTOR, SRTO VAIKOM, KOTTAYAM, PIN - 686141
7 SURESH BABU M.G
AGED 38 YEARS
S/O. GOPALAKRISHA PILLAI, CHIRAYILAYYATHU, ULLANNOOR P.O,
KULANADA, PATHANAMTHITTA - 689503 WORKING AS ASSISTANT
MOTOR VEHICLE INSPECTOR, SRTO PATHANAPURAM, KOLLAM, PIN -
691003
8 ANOOP P
AGED 38 YEARS
S/O. M PRASANNAN ANIZHAM GURUPURAM, AVALOOKKUNNU P.O,
ALAPPUZHA - 688006 WORKING AS ASSISTANT MOTOR VEHICLE
INSPECTOR, RTO, ALAPPUZHA, PIN - 688000
9 RAJESH R
AGED 44 YEARS
S/O. RAJENDRAN S, ADIYATTIYAZHIKOM, THEKKEVILA P.O, KOLLAM
- 691017 WORKING AS ASSISTANT MOTOR VEHICLE INSPECTOR, RTO
ATTINGAL, THIRUVANANTHAPURAM, PIN - 695101
10 PRASANTH K.S
AGED 46 YEARS
S/O K.K SURENDRA KURUP, PANCHAVADY, KANJAMPARA, SANTHIGIRI
P.O, POTHENCODE(VIA) TVM- 695589 WORKING AS ASSISTANT MOTOR
VEHICLE INSPECTOR, SRTO PARASSALA, THIRUVANANTHAPURAM, PIN
- 695102
11 SHIBUKUMAR M. R
AGED 51 YEARS
S/O. RAVEENDRAN MAPPILAPARAMBIL MARUTHORVATTOM. P. O,
CHERTHALA, ALAPPUZHA, WORKING AS ASSISTANT MOTOR VEHICLE
INSPECTOR, RTO- ALAPPUZHA, PIN - 688539
12 RAJEEV MOHAN M.T
AGED 35 YEARS
S/O. MADANA MOHAN T MUKALILVILA VEEDU, SANTHIPURAM
RUSSELPURAM P.O, BALARAMAPURAM, TRIVANDRUM, WORKING AS
ASSISTANT MOTOR VEHICLE INSPECTOR, RTO, VAZHUTHACAUD,
THIRUVANANTHAPURAM, PIN - 695501
13 SHINE G.S
AGED 38 YEARS
S/O. GEORGE M, G.S BHAVAN, PUTHUVAL POOZHIKUNNU, VENKADAMBU
P.O, TRIVANDRUM, WORKING AS ASSISTANT MOTOR VEHICLE
INSPECTOR, SRTO CHANGANASSERY, KOTTAYAM, PIN - 695506
14 RENI PEARSON
AGED 47 YEARS
S/O. JOHN PEARSON, TC-6/700-KARUNYA KGRA 40, ARAPURA
JUNCTION VATIYOORKAVU, TRIVANDRUM, WORKING AS ASSISTANT
MOTOR VEHICLE INSPECTOR, SRTO NEYYATTINKKARA,
THIRUVANANTHAPURAM, PIN - 695013
15 ANISH A.L
O.P.(KAT)NOS.335 AND 340 OF 2025
7 2025:KER:60781
AGED 35 YEARS
S/O V ANTONY, MONYCOTTAGE, CHANTHAVILA KACHANI, KARAKULAM
P.O, TRIVANDRUM, WORKING AS ASSISTANT MOTOR VEHICLE
INSPECTOR, SRTO PARASSALA, THIRUVANANTHAPURAM, PIN - 695564
16 SYAMKUMAR V
AGED 42 YEARS
S/O. S VASAVAN SYAMNIVAS, KESAVAPURAM, NAGAROOR P.O,
KILIMANOOR, WORKING AS ASSISTANT MOTOR VEHICLE INSPECTOR,
SRTO KATTAKKADA, THIRUVANANTHAPURAM, PIN - 695601
17 SUMAN LAL S
AGED 49 YEARS
S/O. SURENDRAN K S, S VIHAR, ETTANNI KARUMOM, KARAMANA P.O,
THIRUVANANTHAPURAM, WORKING AS ASSISTANT MOTOR VEHICLE
INSPECTOR, SRTO, VAZHUTHACAUD, TRIVANDRUM, PIN - 695002
18 SREEPRASAD C
AGED 36 YEARS
S/O.CHAKRAPANI NAIR P, BHAGAVATHI MANDIRAM ALIYADU P.O.
VENJARAMOOD TRIVANDRUM, WORKING AS ASSISTANT MOTOR VEHICLE
INSPECTOR, RTO ATTINGAL, THIRUVANANTHAPURAM, PIN - 695607
19 VINOD R
AGED 37 YEARS
S/O. RAJAN KUZHIVILA PUTHEN VEEDU THOTTAKKADU P.O,
KALLAMBALAM WORKING AS ASSISTANT MOTOR VEHICLE INSPECTOR,
SRTO NEDUMANGAD, THIRUVANANTHAPURAM, PIN - 695546
20 RAJESH M S
AGED 41 YEARS
S/O.SREEDHARANKUTTY M.S, MUTHUKATTIL, ERATHUVADAKARA P O.
MANIMALA, KOTTAYAM, WORKING AS ASSISTANT MOTOR VEHICLE
INSPECTOR, SRTO RANNI, PATHANAMTHITTA, PIN - 686543
21 SHAJI JOSEPH
AGED 44 YEARS
S/O. JOSEPH P.J, PARAPPALLIL HOUSE, EDAPPALAYAM P O KOLLAM,
WORKING AS ASSISTANT MOTOR VEHICLE INSPECTOR, SRTO ADOOR,
PATHANAMTHITTA, PIN - 691309
22 VISHNU V
AGED 36 YEARS
S/O.P.K VIDYADHARAN, PLAVILA PUTHEN VEEDU, MARUTHAMONPALLY
POOYAPALLY P.O, KOLLAM, WORKING AS ASSISTANT MOTOR VEHICLE
INSPECTOR, SRTO THODUPUZHA, IDUKKI, PIN - 691537
23 FAVAS V SALIM
AGED 35 YEARS
S/O. V K SALIM, VELAKKOTTUPUTHENPURAYIL HOUSE, ADOOPARAMBU,
MUVATTUPUZHA, WORKING AS ASSISTANT MOTOR VEHICLE INSPECTOR,
SRTO DEVIKULAM, IDUKKI, PIN - 686661
BY ADV SRI.S.SUJIN
O.P.(KAT)NOS.335 AND 340 OF 2025
8 2025:KER:60781
RESPONDENTS/RESPONDENTS AND APPLICANTS 1, 21 AND 25 IN O.A.:
1 STATE OF KERALA
REPRESENTED BY SECRETARY, TRANSPORT DEPARTMENT, STATUE,
THIRUVANANTHAPURAM, PIN - 695001
2 THE TRANSPORT COMMISSIONER
DEPARTMENT OF MOTOR VEHICLES, 2ND FLOOR, TRANS TOWER,
VAZHUTHACAUD P.O, THIRUVANANTHAPURAM, PIN - 695014
3 ROOPESH V.S
AGED 35 YEARS, S/O. J SOMAN WORKING AS ASSISTANT MOTOR
VEHICLE INSPECTOR, RTO (NS) THIRUVANANTHAPURAM - 695304,
RESIDING AT THRIKETTA, MUDAPURAM P.O, CHIRAYINKEEZHU,
MUDAPURAM, THIRUVANANTHAPURAM, KERALA, PIM- 695304
4 SHEMEEM M
S/O. MUHAMMED MUSTAFA RAWTHAR, SHEMEEM MANZIL,
ATHIKKATTUKULANGARA P.O, NOORANAD ALAPPUZHA - 690504
WORKING AS ASSISTANT MOTOR VEHICLE INSPECTOR, RTO
PATHANAMTHITTA, PIN - 689645
5 ABIN ISSAC
AGED 38 YEARS, S/O. ISSAC ABRAHAM, MONYCOTTAGE, CHANTHAVILA
KACHANI, KARAKULAM P.O, TRIVANDRUM 695564 WORKING AS
ASSISTANT MOTOR VEHICLE INSPECTOR, SRTO DEVIKULAM, IDUKKI,
PIN - 685586
OTHER PRESENT:
SRI. A. J. VARGHESE, SR. GP
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION
ON 11.08.2025, ALONG WITH OP(KAT).340/2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
O.P.(KAT)NOS.335 AND 340 OF 2025
9 2025:KER:60781
JUDGMENT
Anil K. Narendran, J.
The applicants in O.A.Nos.717 of 2025 and 655 of 2025 are
before this Court in these original petitions, invoking the
supervisory jurisdiction of this Court under Article 227 of the
Constitution of India, challenging the orders passed by the Kerala
Administrative Tribunal in those original applications. O.A.No.717
of 2025 ended in dismissal by Ext.P5 order dated 15.07.2025 of
the Kerala Administrative Tribunal at Thiruvananthapuram, which
is under challenge in O.P.(KAT)No.335 of 2025. O.A.No.655 of
2025 ended in dismissal by Ext.P5 order dated 23.07.2025 of the
Kerala Administrative Tribunal, Additional Bench at Ernakulam,
which is under challenge in O.P.(KAT)No.340 of 2025.
2. The petitioners-applicants are Assistant Motor Vehicle
Inspectors in various Regional Transport Offices and Sub Regional
Transport Offices under the Motor Vehicles Department.
O.A.No.717 of 2025 was filed invoking the provisions under
Section 19 of the Kerala Administrative Tribunals Act, 1985
seeking an order to quash Annexure A1 order of transfer dated
25.04.2025 issued by the 2nd respondent Transport Commissioner,
Kerala; an order directing the 1st respondent State and the 2nd
O.P.(KAT)NOS.335 AND 340 OF 2025
10 2025:KER:60781
respondent Transport Commissioner not to take any action against
the applicants for not joining the new stations within the time limit
stipulated in Annexure A1 order of transfer; and an order directing
the 1st respondent State and the 2nd respondent Transport
Commissioner to take steps for affecting general transfer in the
Motor Vehicles Department, at the earliest. In O.A.No.655 of 2025,
similar reliefs have been sought for by the applicants therein.
3. In O.A.No.717 of 2025, the 2nd respondent Transport
Commissioner filed Ext.P4 reply statement dated 02.07.2025,
opposing the reliefs sought for by the applicants. After considering
the rival contentions, the Tribunal by Ext.P5 order dated
15.07.2025 in O.A.No.717 of 2025, dismissed the said original
application and connected matters, i.e., O.A.Nos.723, 761 and 776
of 2025. Paragraphs 10 to 12 and also the last paragraph of that
order read thus;
"10. Counsels for the applicants reiterated their
grievances/apprehensions. The applicants in O.A. No.776 of
2025 have already completed their 3 year tenure in the
Enforcement Wing but they are once again posted back to
the Enforcement Wing. Other applicants have also worked in
the Enforcement Wing, though not up to the stipulated
tenure of 3 years. As per G.O.(Rt) No.173/2023 those who
have not done any enforcement duties are to be 1st posted
O.P.(KAT)NOS.335 AND 340 OF 2025
11 2025:KER:60781
to the Enforcement Wing and only after that these applicants
should have been posted to this Wing. Many of the
applicants are not able to apply when they attempted to
submit online application for General Transfer 2025. Some
of the applicants who could attempt the application found
their previous enforcement experience as zero, which is
factually wrong. Even if the applicants could apply for the
2025 General Transfer, they will lose their station seniority
as the seniority will be granted only after they have taken
charge in compliance with the impugned transfer order. This
order has been issued so as to sabotage the implementation
of general transfer 2025.
11. When the matter was taken up, on the request of the
learned Government Pleader, the Senior Administrative
Officer in the Office of the 2nd respondent was permitted to
appear before this Tribunal. On the apprehensions raised by
the applicants, the Senior Administrative Officer submitted
the following:
1. The entire service seniority of the applicants, not the
seniority in the present station after the implementation
of impugned transfer order, will be considered for the
General Transfer 2025.
2. Previous Enforcement service, if any, by the applicants
will be reckoned before their posting is considered.
3. If any of the AMVIS in the seniority list having position
from 1 to 279 have not had enforcement service, they will
also be considered for posting to the Enforcement Wing.
4. The software is almost fully ready and the present round
of General Transfer 2025 will be completed within 2
months, if the interim stay is vacated.
12. Admittedly, the applicants are advised and appointed as
AMVIS in the Motor Vehicles Department. Enforcement Wing
and Office Wing are two functional Wings within the
Department and they are not watertight compartments.
O.P.(KAT)NOS.335 AND 340 OF 2025
12 2025:KER:60781
Experience in both Wings is necessary for smooth
functioning of the Department and also for providing better
service to the general public. Online General Transfer was
introduced in the State Government in the year 2017. By
now most of the Departments have already adopted the
online mode of General Transfer. Many of them are using the
SPARK software. The General Transfer of AMVIS has not
been issued since the year 2022. Shortcomings of SPARK
Software cannot be the reason for not adopting the online
General Transfer in this Department alone. As admitted by
the 2nd respondent delay in implementing General Transfer
is affecting the service to the General Public. This cannot be
allowed to continue indefinitely.
Accordingly, these Original Applications are disposed of
recording the submissions made by the 2nd respondent in
the reply statement that the General Transfer 2025 will be
implemented strictly following the norms and also the
submissions made by the Senior Administrative Officer from
the Office of the 2nd respondent made before this Tribunal.
If any of the grievances of the applicants persist when the
General Transfer Orders are issued, the applicants will be
free to approach the appropriate authority, if so advised."
4. By the order dated 23.07.2025, a copy of which is
marked as Ext.P5 in O.P.(KAT)No.340 of 2025, the Tribunal
dismissed O.A.No.655 of 2025. Paragraphs 2 and 3 and also the
last paragraph of that order read thus;
"2. Vide Annexure A1 order, 111 AMVIS working in the
Enforcement Wing were transferred to Other Offices and in
O.P.(KAT)NOS.335 AND 340 OF 2025
13 2025:KER:60781
their place 110 AMVIS working in Other Offices were
transferred and posted to the Enforcement Wing. The
applicants are among those AMVIS who are transferred
from Other Offices to the Enforcement Wing. The
applicants' contention is that they have already done one
term in Enforcement Wing, though not upto the 3year
tenure stipulated by the Department. While they were
transferred back to the Enforcement Wing, several of their
seniors who have never worked in the Enforcement Wing
were retained in the Other Offices.
3. This issue was considered in 4 Original Applications
before the Principal Bench, Thiruvananthapuram, in which
final orders were issued on 15.07.2025 disposing those
original applications.
In the light of the decision of this Tribunal dated 15.07.2025
in O.A.No.717 of 2025 and connected matters, this original
application is disposed of."
5. In O.P.(KAT)No.335 of 2025 arising out of the order of
the Tribunal dated 15.07.2025 in O.A.No.717 of 2025, the
petitioners-applicants have sought for the following reliefs;
"i. To set aside Ext.P5 order of the Kerala Administrative
Tribunal dated 15.07.2025 in O.A.No.717 of 2025 and
quash the same;
ii. To set aside Ext.P6 draft list dated 25.07.2025 and quash
the same;
iii. To issue an appropriate order or direction to the 2 nd
respondent to prepare a draft list in accordance with the
transfer guidelines and on the assurance made by the
Senior Administrative Officer in the office of the 2 nd
O.P.(KAT)NOS.335 AND 340 OF 2025
14 2025:KER:60781
respondent in Ext.P5 order;"
6. In O.P.(KAT)No.340 of 2025 arising out of the order
dated 23.07.2025 of the Tribunal in O.A.No.655 of 2025, the
petitioners-applicants have also sought the following reliefs.
"i. To set aside Ext.P5 order of the Kerala Administrative
Tribunal dated 23.07.2025 in O.A.No.655 of 2025 and quash
the same;
ii. To set aside Ext.P6 draft list dated 25.07.2025 and quash
the same;
iii. To issue an appropriate order or direction to the 2nd
respondent to prepare a draft list in accordance with the
assurance with the Senior Administrative Officer in the office
of the 2nd respondent in ExtP5 order."
7. On 07.08.2025, when O.P.(KAT)No.335 of 2025 came
up for consideration, we heard arguments of the learned counsel
for the petitioners-applicants in part. By the order dated
07.08.2025, the learned Senior Government Pleader was directed
to get instructions on the functioning of 'Safe Kerala Project' of the
Motor Vehicles Department and the database of road accidents in
Kerala published by the Kerala Police.
8. Today, when this matter is taken up for consideration,
along with I.A.No.1 of 2025 in O.P.(KAT)No.335 of 2025, the
petitioners-applicants have placed on record Ext.P7 order dated
09.07.2025 of the 2nd respondent Transport Commissioner
O.P.(KAT)NOS.335 AND 340 OF 2025
15 2025:KER:60781
ordering promotion of Assistant Motor Vehicle Inspectors as Motor
Vehicles Inspectors and Ext.P8 relevant extract of the transfer
order dated 18.03.2025.
9. The learned Senior Government Pleader has made
available for the perusal of this Court a copy of G.O.(Ms.)No.56/
2018/Trans. dated 24.09.2018 issued by the 1st respondent State
regarding the constitution of 51 new enforcement squads as part
of 'Safe Kerala Project', the statistics of road accidents in Kerala of
the years 2023 and 2024; and a report dated nil submitted by the
Inspector General of Police, Traffic and Road Safety Management,
regarding road accidents occurred in Kerala for the last three years
and the steps taken by the Police for avoiding such accidents.
10. The learned counsel for the petitioners would contend
that the order of transfer issued by the 2nd respondent Transport
Commissioner is vitiated by malafides, which is one issued in
violation of the transfer guidelines applicable to Government
employees. Therefore, the Tribunal ought to have interfered with
the order of transfer. The learned counsel would also point out that
in the order of transfer, the Assistant Motor Vehicle Inspectors are
granted only 48 hours joining time, which is highly arbitrary.
11. The learned Senior Government Pleader would contend
O.P.(KAT)NOS.335 AND 340 OF 2025
16 2025:KER:60781
that after considering the rival contentions, the Tribunal declined
interference on the order of transfer issued by the 2nd respondent
Transport Commissioner. The reasoning of the Tribunal in the
impugned orders are neither perverse nor patently illegal, which
warrants no interference by this Court in exercise of the
supervisory jurisdiction under Article 227 of the Constitution of
India. The learned Senior Government Pleader would submit that
the officers are granted only 48 hours of joining time, in order to
ensure that the functioning of the Enforcement Wing of the Motor
Vehicles Department is not adversely affected on account of the
normal joining time provided to while transferring Government
employees from one station to another.
12. Article 227 of the Constitution of India deals with power
of superintendence over all courts by the High Court. Under clause
(1) of Article 227 of the Constitution, every High Court shall have
superintendence over all courts and tribunals throughout the
territories in relation to which it exercises jurisdiction.
13. In Shalini Shyam Shetty v. Rajendra Shankar Patil
[(2010) 8 SCC 329] the Apex Court, while analysing the scope
and ambit of the power of superintendence under Article 227 of
the Constitution, held that the object of superintendence, both
O.P.(KAT)NOS.335 AND 340 OF 2025
17 2025:KER:60781
administrative and judicial, is to maintain efficiency, smooth and
orderly functioning of the entire machinery of justice in such a way
as it does not bring it into any disrepute. The power of interference
under Article 227 is to be kept to the minimum to ensure that the
wheel of justice does not come to a halt and the fountain of justice
remains pure and unpolluted in order to maintain public
confidence in the functioning of the tribunals and courts
subordinate to the High Court.
14. In Jai Singh v. Municipal Corporation of Delhi
[(2010) 9 SCC 385], while considering the nature and scope of
the powers under Article 227 of the Constitution of India, the Apex
Court held that, undoubtedly the High Court, under Article 227 of
the Constitution, has the jurisdiction to ensure that all subordinate
courts, as well as statutory or quasi-judicial tribunals exercise the
powers vested in them, within the bounds of their authority. The
High Court has the power and the jurisdiction to ensure that they
act in accordance with the well established principles of law. The
exercise of jurisdiction must be within the well recognised
constraints. It cannot be exercised like a 'bull in a china shop', to
correct all errors of the judgment of a court or tribunal, acting
within the limits of its jurisdiction. This correctional jurisdiction can
O.P.(KAT)NOS.335 AND 340 OF 2025
18 2025:KER:60781
be exercised in cases where orders have been passed in grave
dereliction of duty or in flagrant abuse of fundamental principles
of law or justice.
15. In K.V.S. Ram v. Bangalore Metropolitan
Transport Corporation [(2015) 12 SCC 39] the Apex Court
held that, in exercise of the power of superintendence under
Article 227 of the Constitution of India, the High Court can
interfere with the order of the court or tribunal only when there
has been a patent perversity in the orders of the tribunal and
courts subordinate to it or where there has been gross and
manifest failure of justice or the basic principles of natural justice
have been flouted.
16. In Sobhana Nair K.N. v. Shaji S.G. Nair [2016 (1)
KHC 1] a Division Bench of this Court held that, the law is well
settled by a catena of decisions of the Apex Court that in
proceedings under Article 227 of the Constitution of India, this
Court cannot sit in appeal over the findings recorded by the lower
court or tribunal and the jurisdiction of this Court is only
supervisory in nature and not that of an appellate court.
Therefore, no interference under Article 227 of the Constitution is
called for, unless this Court finds that the lower court or tribunal
O.P.(KAT)NOS.335 AND 340 OF 2025
19 2025:KER:60781
has committed manifest error, or the reasoning is palpably
perverse or patently unreasonable, or the decision of the lower
court or tribunal is in direct conflict with settled principles of law.
17. In view of the law laid down in the decisions referred
to supra, the High Court, in exercise of its supervisory jurisdiction
under Article 227 of the Constitution of India, cannot sit in appeal
over the findings recorded by the Administrative Tribunal. The
supervisory jurisdiction cannot be exercised to correct all errors in
the order of the Administrative Tribunal, acting within the limits of
its jurisdiction. The correctional jurisdiction under Article 227 can
be exercised only in a case where the order of the Administrative
Tribunal has been passed in grave dereliction of duty or in flagrant
abuse of fundamental principles of law or justice. Therefore, no
interference under Article 227 is called for, unless the High Court
finds that the Administrative Tribunal has committed a manifest
error, or the reasoning is palpably perverse or patently
unreasonable, or the decision of the Tribunal is in direct conflict
with settled principles of law or where there has been gross and
manifest failure of justice or the basic principles of natural justice
have been flouted.
18. In the impugned order dated 15.07.2025 in
O.P.(KAT)NOS.335 AND 340 OF 2025
20 2025:KER:60781
O.A.No.717 of 2025, the Tribunal noticed that the Enforcement
Wing and the Office Wing are two functional wings within the
Motor Vehicles Department, which are not watertight
compartments. Though the Tribunal found no grounds to interfere
with the order of transfer issued by the 2nd respondent Transport
Commissioner, after taking note of the submissions made by the
Senior Administrative Officer, who was personally present before
the Tribunal on 15.07.2025, on the apprehensions raised by the
applicants in O.A.No.717 of 2025 and connected matters, the
Tribunal disposed of those original applications recording the stand
taken by the 2nd respondent in the reply statement that the
General Transfer-2025 will be effected strictly following the norms,
and also the submissions made by the Senior Administrative
Officer. The order dated 23.07.2025 of the Tribunal in O.A.No.655
of 2025 is one passed taking note of the earlier order dated
15.07.2025 in O.A.No.717 of 2025 and connected matters. Any
violation of the guidelines framed by the State regarding transfer
of Government employees is not a valid ground for interference by
the Administrative Tribunal under Section 19 of the Administrative
Tribunals Act on the order of transfer of a Government employee.
Moreover, in the original applications, the applicants have not
O.P.(KAT)NOS.335 AND 340 OF 2025
21 2025:KER:60781
raised any specific plea of mala fides, with supporting materials.
19. In National Hydroelectric Power Corporation Ltd.
v. Shri Bhagwan [(2001) 8 SCC 574] the Apex Court held that
unless the order of transfer is shown to be an outcome of malafide
exercise of powers or in violation of the statutory provision, it
cannot be subjected to judicial interference, as a matter of routine.
In the said decision, it was held further, that the Courts or
Tribunals cannot substitute their own decision in the matter of
transfer for that of the management.
20. An interference on the order of transfer, in the exercise
of the extraordinary jurisdiction of this Court under Article 226 of
the Constitution of India, is very limited. Such an interference will
be made only when the transfer order is shown to be vitiated by
malafides or in violation of any statutory provisions or having been
issued by an authority not competent to pass such an order. See:
State of U.P. v. Gobardhan Lal [(2004) 11 SCC 402].
21. In Mayadevi M.P. and another v. Canara Bank and
others [2015 (4) KHC 874], this Court held that an order of
transfer cannot interfere with the proceedings under Article 226 of
the Constitution of India, in the absence of any specific allegation
of mala fides or at least a prima facie proof of vitiating
O.P.(KAT)NOS.335 AND 340 OF 2025
22 2025:KER:60781
circumstances influencing that order of transfer. It is far too late
in the day to assert that, this Court in exercise of its jurisdiction
under Article 226 of the Constitution of India can interfere with an
order of transfer of an employee as if it is sitting in appeal over
such an order issued by the employer. The scope of judicial review
in this area is very limited. Unless mala fides or oblique motives
are specifically pleaded or can necessarily be inferred from the
proof of facts, this Court cannot interfere with an order of transfer
of an employee. Therefore, a mere assertion in the writ petition
that, the orders of transfer are 'vitiated by extraneous
considerations and imbued with mala fides', cannot therefore
sound in realms of mala fides or extraneous considerations or
oblique motives. The concept being basically different, this Court
cannot even draw an inference that the order of transfer issued by
the employer is vitiated by mala fides or on extraneous
considerations or with oblique motives, unless it is specifically
pleaded in the writ petition with reliable materials, which are
sufficient to draw an inference of any vitiating circumstances
influencing such an order of transfer.
22. Having considered the pleadings and materials on
record and also the submissions made at the Bar, we find no
O.P.(KAT)NOS.335 AND 340 OF 2025
23 2025:KER:60781
reason to interfere with the impugned order dated 15.07.2025 of
the Tribunal in O.A.No.717 of 2025 and that dated 23.07.2025 in
O.A.No.655 of 2025. We also notice the submission made by the
learned Senior Government Pleader, with specific reference to the
role of Enforcement Officers in the Motor Vehicles Department in
Safe Kerala Project, and also the details of road accidents in Kerala
for the last three years.
Since the challenge made in these original petitions against
Ext.P6 draft list published by the 2nd respondent Transport
Commissioner on 25.07.2025 cannot be considered in an original
petition filed under Article 227 of the Constitution of India, it would
be open to the petitioners-applicants to challenge the same in
appropriate proceedings before the appropriate forum.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
MURALEE KRISHNA S., JUDGE
MIN
O.P.(KAT)NOS.335 AND 340 OF 2025
24 2025:KER:60781
APPENDIX OF OP(KAT) 340/2025
PETITIONER ANNEXURES
ANNEXURE A1 TRUE COPY OF THE ORDER NO. A3/3/2024- TC
DATED 25/04/2025 ISSUED BY THE 2ND RESPONDENT
ANNEXURE A2 TRUE COPY OF THE ORDER NO.A3/32024-TC DATED
22/01/2025 ISSUED BY THE 2 ND RESPONDENT
ANNEXURE A3 TRUE COPY OF THE ORDER NO.I/5714831/2023
DATED 08/05/2023 ISSUED BY THE 1 ST
RESPONDENT
EXHIBIT P1 TRUE COPY OF THE OA (EKM) NO. 655 OF 2025 ON
THE FILES OF THE HON'BLE KERALA
ADMINISTRATIVE TRIBUNAL ADDITIONAL BENCH
ERNAKULAM
EXHIBIT P2 TRUE COPY OF THE ORDER DATED 30/04/2025 IN
OA 717 OF 2025
EXHIBIT P3 TRUE COPY OF THE ORDER DATED 07/05/2025 IN
O.A NO. 717 OF 2025
EXHIBIT P4 TRUE COPY OF THE ORDER DATED 15/07/2025 IN
EXHIBIT P5 TRUE COPY OF THE ORDER DATED 23/07/2025 IN
OA (EKM) NO. 655 OF 2025
EXHIBIT P6 TRUE COPY OF THE ORDER NO. A3/54/2025-TC
ALONG WITH DRAFT LIST DATED 25/07/2025 ISSUED
BY THE 2ND RESPONDENT
O.P.(KAT)NOS.335 AND 340 OF 2025
25 2025:KER:60781
APPENDIX OF OP(KAT) 335/2025
PETITIONER ANNEXURES
ANNEXURE A1 TRUE COPY OF THE ORDER NO.A3/3/2024- TC DATED
25/04/2025 ISSUED BY THE 2ND RESPONDENT
ANNEXURE A2 TRUE COPY OF THE ORDER NO.A3/3/2024-TC DATED
22/01/2025 ISSUED BY THE 2ND RESPONDENT
ANNEXURE A3 TRUE COPY OF THE ORDER NO.L/5714831/2023
DATED 08/05/2023 ISSUED BY THE 1ST RESPONDENT
EXHIBIT P1 TRUE COPY OF THE ORIGINAL APPLICATION ALONG
WITH THE ANNEXURES
EXHIBIT P2 TRUE COPY OF THE ORDER DATED 30/04/2025 IN
EXHIBIT P3 TRUE COPY OF THE ORDER DATED 07/05/2025 IN
EXHIBIT P4 TRUE COPY OF THE REPLY AFFIDAVIT IN O.A
717/2025 FILED BY THE 2ND RESPONDENT
EXHIBIT P5 TRUE COPY OF THE ORDER DATED 15/07/2025 IN
EXHIBIT P6 TRUE COPY OF THE ORDER NO.A3/54/2025-TC ALONG
WITH DRAFT LIST DATED 25/07/2025 ISSUED BY
THE 2ND RESPONDENT
EXHIBIT P7 TRUE COPY OF THE ORDER NO. A4/30/2025-TC
DATED 09/07/2025 PROMOTING AMVIS TO THE POST
OF MOTOR VEHICLE INSPECTORS
EXHIBIT P8 TRUE COPY OF THE RELEVANT PAGES OF THE
TRANSFER ORDER NO. A3/3/2024-TC DATED
18/03/2025
