Kerala High Court
Sajimon Jacob vs State Of Kerala on 4 March, 2025
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
2025:KER:18519
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
TUESDAY, THE 4TH DAY OF MARCH 2025 / 13TH PHALGUNA, 1946
RP NO. 1386 OF 2024
THE JUDGMENT DATED 12.12.2024 IN OP(KAT) NO.529 OF 2024
REVIEW PETITIONERS/THIRD PARTY PETITIONERS:
1 SAJIMON JACOB
AGED 48 YEARS
SON OF JACOB, ASSISTANT TALUK SUPPLY OFFICER, TALUK SUPPLY
OFFICE, DEVIKULAM, IDUKKI RESIDING AT CHERUKUNNEL HOUSE,
KATTAPPANA P.O., IDUKKI- 685508, PIN - 685613
2 SHIJU K THANKACHAN
AGED 47 YEARS
SON OF THANKACHAN, WORKING AS TALUK SUPPLY OFFICER, TALUK
SUPPLY OFFICE, IDUKKI RESIDING AT KANJIRAMATTATHIL HOUSE,
PAMPAKUDA P.O., MUVATTUPUZHA, ERNAKULAM- 686667,
PIN - 685613
3 KERALA CIVIL SUPPLIES OFFICERS ASSOCIATION
STATE COMMITTEE, THIRUVANANTHAPURAM, RECOGNIZED AS PER
(GO(MS)NO.172/PD DATED 21.05.1970), 411, SANGEETH NAGAR,
THYCAUD, THIRUVANANTHAPURAM REPRESENTED BY ITS GENERAL
SECRETARY, SAJIMON JACOB, AGED 48 YEARS, S/O JACOB,
ASSISTANT TALUK SUPPLY OFFICER, TALUK SUPPLY OFFICE,
DEVIKULAM, IDUKKI- 685613,RESIDING AT CHERUKUNNEL (H),
KATTAPPANA P O,IDUKKI,KERALA -685508, PIN - 695014
BY ADVS. SRI.K.P.PRADEEP
SRI.T.T.BIJU
SRI.T.THASMI
SMT.M.J.ANOOPA
R.P.No.1386 of 2024
in
OP (KAT) 529/2024
2
2025:KER:18519
RESPONDENTS/RESPONDENTS/PETITIONER:
1 STATE OF KERALA
REPRESENTED BY SECRETARY, CIVIL SUPPLIES, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 COMMISSIONER, COMMISSIONERATE OF CIVIL SUPPLIES &
CONSUMER AFFAIRS DEPARTMENT
PUBLIC OFFICE BUILDING, NEAR MUSEUM, VIKAS BHAVAN
P.O., THIRUVANANTHAPURAM, PIN - 695033
3 SENIOR ADMINISTRATIVE OFFICER
CIVIL SUPPLIES & CONSUMER AFFAIRS DEPARTMENT, PUBLIC
OFFICE BUILDING,NEAR MUSEUM, VIKAS BHAVAN P.O.
THIRUVANANTHAPURAM, PIN - 695033
4 SUPPLYCO
REPRESENTED BY ITS CHAIRMAN AND MANAGING
DIRECTOR, MAVELI BHAVAN, GANDHI NAGAR, ERNAKULAM,
PIN - 682020
5 MAHEEN ABOOBAKER A
AGED 47 YEARS
WORKING AS SENIOR ASSISTANT GRADE I, RATIONING
INSPECTOR ON DEPUTATION, CIVIL SUPPLIES, SUPPLYCO
TALUK DEPOT, NEYYATTINKARA, AMARAVILA RESIDING AT
SALEENA MANZIL, VATTAVILA, VELLAYANI JUNCTION,
NEMOM, THIRUVANANTHAPURAM-695020, PIN - 695122
BY SENIOR GOVERNMENT PLEDER SRI.A.J.VARGHESE
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
04.03.2025, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
R.P.No.1386 of 2024
in
OP (KAT) 529/2024
3
2025:KER:18519
ORDER
Dated this the 4th day of March, 2025
A.Muhamed Mustaque, J.
This Review Petition was filed by the 3 rd party
petitioners.
2. The Original Petition was filed challenging the
transfer of the original petitioner from Thiruvananthapuram
to Kasaragod. The original petitioner is working as Senior
Assistant Grade-I/ Rationing Inspector on deputation in the
Kerala Civil Supplies Corporation (Supplyco). He continued
to hold that post even though the period of deputation was
over. He was ordered to be repatriated to the parent
department and directed to be posted as a Rationing
Inspector, Kasaragod. His grievance was that without a
general transfer being effected in the department of Civil
Supplies, he should not be transferred to Kasaragod.
in
OP (KAT) 529/2024
2025:KER:18519
3. There was an issue regarding effecting the
transfer. An Original Application (OA No.49/2024) was filed
by the review petitioners herein. Based on the Original
Application filed before the Kerala Administrative Tribunal,
Thiruvananthapuram (for short 'the Tribunal'), the Tribunal
directed to implement an online system of transfer. There
was considerable delay in developing software for effecting
online transfer. This in fact also impacted many including
the petitioner who has approached this Court in the Original
Petition.
4. Considering the above, this Court directed to
effect offline module of transfer till implementation of online
module. This direction is sought to be reviewed by the
review petitioners. According to them, the very purpose of
implementing online transfer will be defeated by such
direction.
in
OP (KAT) 529/2024
2025:KER:18519
5. Having considered the issue as above, whether a
transfer will have to be effected either online or offline
ought not be considered by this Court until the dilemma in
regard to the online module has been resolved.
6. In such circumstances, we are of the view that
the review petition has to be allowed in regard to the
observation made by this Court that till the implementation
of the online module, the earlier method of effecting
transfer through offline module shall be followed. These
observations have been accordingly reviewed. However,
the original petitioner shall be permitted to continue till the
general transfer is effected.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
P. KRISHNA KUMAR
JUDGE
MJL
in
OP (KAT) 529/2024
2025:KER:18519
PETITIONERS' ANNEXURES:
Annexure A1 TRUE COPY OF THE ORDER GO (P) NO.
3/2017/P&ARD DATED 25-02-2017
Annexure A2 TRUE COPY OF THE ORDER NO. GO (RT) NO.
155/2021/P&ARD DATED 21-10-2021
Annexure A3 TRUE COPY OF THE JUDGMENT DATED
16-06-2023 IN OP (KAT) NO. 238 OF 2023
Annexure A4 TRUE COPY OF THE ORDER DATED 07-03-2024
IN ORIGINAL APPLICATION NO. 49 OF 2024
Annexure A5 TRUE COPY OF THE ORDER DATED 13-11-2024
IN MA NO.2079/2024 IN OA 49/2024 OF THE
HON'BLE KERALA ADMINISTRATIVE TRIBUNAL
