G.Shajikumar vs Indian Council Of Agricultural ...
2026 Latest Caselaw 927 Ker

Kerala High Court

G.Shajikumar vs Indian Council Of Agricultural ... on 31 January, 2026

OP(CAT) No.5 of 2026
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                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
   THE HONOURABLE MR.JUSTICE SUSHRUT ARVIND DHARMADHIKARI
                                 &
          THE HONOURABLE MR.JUSTICE P. V. BALAKRISHNAN
 SATURDAY, THE 31ST DAY OF JANUARY 2026 / 11TH MAGHA, 1947
                       OP (CAT) NO. 5 OF 2026
AGAINST THE ORDER DATED 01.01.2026 IN OA NO.320 OF 2025 OF
         CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH

PETITIONER:
          G.SHAJIKUMAR,
          AGED 56 YEARS
          S/O.LATE GOPINATHAN, T-5 GRADE DRIVER, CENTRAL
          TUBER CROPS RESEARCH INSTITUTE (CTCRI)
          SREEKARYAM, THIRUVANANTHAPURAM, RESIDING AT
          ANJANEYAM, 37A, TEMPLE ROAD, CHITTIZHA,
          VATTAPPARA P.O., THIRUVANANTHAPURAM, PIN - 695017

            BY ADV SRI.R.RAJASEKHARAN PILLAI
RESPONDENTS:
    1     INDIAN COUNCIL OF AGRICULTURAL RESEARCH(ICAR),
          REPRESENTED BY ITS SECRETARY, KRISHI BHAVAN, NEW
          DELHI, PIN - 110001

     2      THE DIRECTOR,
            CENTRAL TUBER CROPS RESEARCH INSTITUTE (CTCRI)
            SREEKARIYAM, THIRUVANANTHAPURAM, PIN - 695017

     3      THE SENIOR ADMINISTRATIVE OFFICER,
            CENTRAL TUBER CROPS RESEARCH INSTITUTE (CTCRI)
            SREEKARIYAM, THIRUVANANTHAPURAM, PIN - 695017

            BY ADV SMT.K.V.BHADRA KUMARI

THIS OP (CAT) HAVING COME UP FOR ADMISSION ON 21.01.2026,
THE COURT ON 31.01.2026 DELIVERED THE FOLLOWING:
 OP(CAT) No.5 of 2026
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                                                    2026:KER:7906



                             JUDGMENT

SUSHRUT ARVIND DHARMADHIKARI,J The present Original Petition filed under Article 227 of

the Constitution of India assails the order dated 01.01.2026

passed in Original Application No.320/2025 by the Central

Administrative Tribunal, Ernakulam Bench, whereby it has

been dismissed.

2. The brief facts of the case are that the

petitioner is presently working as a Technical Officer (Driver

Grade V) in the Central Tuber Crops Research Institute (CTCRI),

Sreekariyam, Thiruvananthapuram, which is an institution

functioning under the Indian Council of Agricultural Research

(ICAR). Vide order dated 25.06.2025 issued by the 3 rd

respondent, the petitioner has been transferred from

Thriuvananthapuram to ICAR-CTCRI Regional Office at

Bhubaneswar, Orissa. Being aggrieved, the petitioner

approached the Tribunal by challenging the transfer order on

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various grounds, however, the learned Tribunal dismissed the

Original Application.

3. The learned counsel for the petitioner

contended that, the petitioner has been transferred malafidely.

According to him the transfer order was issued without

hearing him and without understanding the problems and

predicament. The transfer has been effected only with the

purpose to accommodate a blue eyed person of the respondents

on daily wage in his place. Therefore, he alleges that the order

of transfer is arbitrary, biased, discriminatory and unfair. No

administrative exigency has been reflected in the order of

transfer. The petitioner has large number of personal

difficulties in moving out to a distant place in Bhubaneswar

from Thiruvananthapuram which is about 2000 Kms away from

his home town.

3.1. The learned Counsel for the petitioner further

contended that, the petitioner is suffering from Benign

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Prostatic Hypertrophy (BPH) and surgery was suggested as far

as possible. The petitioner is also suffering from severe

backbone pain which needs extra treatment of a Neuro

Surgeon in Trivandrum Medical College and there is no one in

his family to look after his aged and ailing mother who is

totally dependent on him. Moreover, the petitioner cannot

speak, read and write Oriya, English and Hindi. He only knows

Malayalam and therefore, it could be very difficult for the

petitioner to communicate at Bhubaneswar and as a

consequence, he would not be able to discharge his duties

properly. Therefore, the learned Tribunal ought to have

allowed the Original Application and quashed the impugned

order of transfer. Thus, the Original Petition deserves to be

allowed.

4. Per contra, the learned Standing Counsel

appearing for the respondents opposed the prayer and

submitted that the petitioner, since his original appointment,

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is continuing at Thiruvananthapuram for the last 23 years. He

has not been transferred even once during his entire service

career and about 4 years are remaining for his superannuation

Due to administrative exigencies, his services are required at

Bhubaneswar. The learned counsel for the respondents further

contended that, the petitioner is unable to point out any

statutory violation or proved malafide so as to justify

interference with the transfer order. Therefore, the Original

Petition deserves to be dismissed.

5. Heard learned counsel for the parties and

perused the record.

6. The transfer is only an incidence of service,

and only on the grounds of personal inconvenience or that the

tenure has not been completed, cannot be a ground to interfere

with. Moreover, it is well settled law that the transfer is an

incidence of service. Which employee should be posted where

is a matter for the appropriate authority to decide. The

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Supreme Court, in the case of Namrata Verma v. State of U.P.1,

has held that "It is not for the employee to insist on transfer

him/her and/or not to transfer him/her to a particular place. It

is for the employer to transfer an employee, considering the

requirement. Until and unless the transfer is vitiated by mala

fide or is made in violation of any statutory provisions, the

Court cannot interfere with the order of transfer".

6.1. The Supreme Court while dealing with the

scope of judicial review in the matter of transfer, has held that

"transfer is an incidence of service and normally should not be

interfered with by the Court. If any administrative guidelines

regarding transfer of an employee are violated, at best, the

same confers the right on the employee to approach the higher

authorities for redressal of his grievance".

[See: Union of India v. S.L. Abbas, (1993) 4 SCC 357, State Bank

of India v. Anjan Sanyal, (2001) 5 SCC 508, Public Services

1 (2021) SCC ONLINE SC 337

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Tribunal Bar Association v. State of U.P., (2003) 4 SCC 104, State

of U.P. v. Gobardhan Lal, (2004) 1 SCC 402, R.S. Chaudhary v.

State of M.P., ILR (2007) MP 1329, Government of Andhra

Pradesh v. G. Venkata 4 WP. No. 4738/2017 (Braj Kishore

Paliwal v. State of M.P.) Ratnam, (2008) 9 SCC 345 and State of

Haryana v. Kashmir Singh, (2010) 13 SCC 306].

6.2. A transfer order can be challenged if it

violates any statutory provision (not merely guidelines),

adversely alters an employee's service conditions, is issued

with mala fide intent, or is passed by an incompetent authority.

Personal inconvenience, however, is not a valid ground for

interference. None of these grounds are present in the current

case.

7. At this stage, we would like to point out that

the respondents in the counter affidavit have filed R2(q) which

states as under:

"However, once, he has reported to his new place of posting, the competent authority will give due

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consideration to his transfer back to ICAR-CTCRI, Thiruvananthapuram, subject to alternate arrangements at Regional Station, Bhubaneswar."

We are quite confident that the respondent authorities

shall give due consideration to the observations herein above

and pass appropriate orders to bring him back to

Thiruvananthapuram, in accordance with law, at the earliest.

8. In view of the aforesaid, we do not find any

illegality in the impugned order passed by the Tribunal. The

Original Petition being devoid of merit and substance is hereby

dismissed. All Interlocutory Applications as regards interim

matters stand closed.

sd/-

SUSHRUT ARVIND DHARMADHIKARI JUDGE sd/-

P. V. BALAKRISHNAN JUDGE Nsd

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APPENDIX OF OP (CAT) NO. 5 OF 2026

PETITIONER ANNEXURES

Annexure -A-8 TREUE COPY OF THE TRANSFER ORDER VIDE F NO.1-8/2023 ADMN DATED 25.6.2025 ISSUED BY THE 3RD RESPONDENT DIRECTOR ALONG WITH TYPED COPY Annexure -A-1 TRUE COPY OF THE INITIAL APPOINTMENT ORDER VIDE F.NO.35/94-PER DATED 23.3.2002 ISSUED BY THE 2ND RESPONDENT DIRECTOR Annexure -A-2 TRUE COPY OF PROMOTION ORDER VIDE F.NO.19/2005-PER DATED 8.8.20078 ISSUED BY THE 2ND RESPONDENT DIRECTOR ALONG WITH TYPED COPY Annexure A-3 TRUE COPY OF THE MERIT PROMOTION GIVEN AS PER OFFICE ORDER VIDE.F.NO.16-4/2011- TECH DATED 220.3.2012 ISSUED BY THE 3RD RESPONDENT ADMINISTRATIVE OFFICER TO T-3 GRADE ALONG WITH TYPED COPY Annexure -A4 TRUE COPY OF THE OFFICE ORDER VIDE F.NO16-1/2016 ESTT DATED 5.8.2017 ISSUED BY SENIOR ADMINISTRATIVE OFFICER 3RD RESPONDENT Annexure -A-5 TRUE COPY OF THE OFFICE ORDER VIDE F.NO.16-1/2016 -ESTT DATED 24.01.2023 PROMOTING T4- TO T-5 ISSUED BY THE ASSISTANT ADMINISTRATIVE OFFICER (ESTT) Annexure -A-6 TRUE COPY OF THE ORDERD ATED 9.12.2024 PASSED BY THE HONOURABLE JUDICIAL FIRST CLASSS MAGISTRATE COURT-I NEDUMANGAD IN MC NO.41/2023 ALONG WITH TYPED COPY AND ENGLISH TRANSLATION Annexure -A-7 TRUE COPY OF THE MEDICAL CERTIFICATE DATED 4.7.2025 ISSUED BY DR.ARUN PAREETH UROLOGIST PRS HOSPITAL THIRUVANANTHAPURAM ALONG WITH TYPED COPY Annexure -A-9 TRUE COPY OF THE REPRESENTATION DATED 30.6.2025 OF THE APPLICANT SUBMITTED TO THE 2ND RESPONDENT DIRECTOR Annexure -A-10 TRUE COPY OF THE GUIDELINES FOR INTRA INSTITTUIONALL TRANSFER VIDE F.NO.TS-

                                                      2026:KER:7906



                       19/(II)2016-ESTT-IV        DATED     6.9.2016
                       ISSUED    BY    THE    INDIAN    COUNCIL    OF

AGRICULTURAL REASEARCH NEW DELHI ALONG WITH TYPED COPY Annexure-R2a TRUE COPY OF THE RELEVANT PAGES OF PROCEEDINGS AND PROJECT MILESTONES 2025- 2026 OF THE 51ST ANNUAL INSTITUTE RESEARCH INSTITUTE COUNCIL MEETING Annexure-R2b TRUE COPY OF THE COMMUNICATION ISSUED BY THE NATIONAL BANK FOR AGRICULTURAL AND RURAL DEVELOPMENT DEPARTMENT DATED 27/03/2025 TO THE HEAD REGIONAL CENTRE OF ICAR-CTCRI, ODISHA Annexure-R2c TRUE COPY OF THE RELEVANT PAGES REGARDING SPECIAL PROJECTS INCLUDED IN THE 51ST ANNUAL IRC MEETING Annexure-R2d TRUE COPY OF THE MEMORANDUM CONTAINING THE TERMS AND CONDITIONS DATED 11/3/2002 ISSUED BY THE SECOND RESPONDENT TO THE APPLICANT. ALONG WITH TYPED COPY Annexure-R2e TRUE COPY OF THE COMMUNICATION DATED 20/03/2002 ISSUED BY THE APPLICANT TO THE SECOND RESPONDENT INFORMING THE ACCEPTANCE OF THE TERMS AND CONDITIONS Annexure-R2f TRUE COPY OF THE RELEVANT PAGES OF THE ESTABLISHMENT AND ADMINISTRATIVE MANUAL OF ICAR Annexure-R2g TRUE COPY OF THE RELEVANT PAGES OF THE HANDBOOK ON DELEGATION OF POWERS IN ICAR ALONG WITH TYPED COPY Annexure-R2h ). TRUE COPY OF THE RELEVANT PAGES OF SCHEDULE II OF THE HANDBOOK ON DELEGATIONS OF POWERS IN ICAR Annexure-R2i TRUE COPY OF THE OFFICE MEMORANDUM DATED DECEMBER 8, 2017, ISSUED BY THE UNDER SECRETARY TO THE GOVERNMENT OF INDIA. Annexure -R2j TRUE COPY OF OFFICE ORDER NO. F 28/87 PER DATED JULY 13, 2023, ISSUED BY THE THIRD RESPONDENT.

Annexure -R2k TRUE COPY OF TRANSFER ORDER NO. F NO. 7- 1/2024 - ADMIN. DATED APRIL 30, 2024, ISSUED BY THE THIRD RESPONDENT.

Annexure-R2l TRUE COPY OF THE DETAILS OF USAGE OF

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ICAR-CTCRI (HQ) VEHICLES FROM APRIL 1, 2023, TO JULY 21, 2025, ISSUED BY THE CONTROLLING OFFICER (VEHICLE), CTCRI, THIRUVANANTHAPURAM Annexure-R2m ANNEX R2(M). TRUE COPY OF THE OFFICE ORDER DATED JANUARY 17, 2025, ISSUED BY THE THIRD RESPONDENT Annexure-R2n TRUE COPY OF THE RELEVANT PAGES OF SCHEDULE VI OF THE HANDBOOK ON POWERS IN ICAR STATING THE POWERS DELEGATED TO THE HEAD OF OFFICE.

Annexure-R2o TRUE COPY OF MEMORANDUM F NO. 3/2002 PER DATED AUGUST 1, 2025 Annexure-R2p TRUE COPY OF THE REPRESENTATION DATED JULY 31, 2025, FILED BY THE APPLICANT BEFORE THE SECOND RESPONDENT, ALONG WITH MEDICAL DOCUMENTS.

Annexure-R2q TRUE COPY OF ORDER F NO. 3/2002 PER DATED AUGUST 7, 2025, ISSUED BY THE THIRD RESPONDENT.

Annexure -A11          TRUE COPY OF MEDICAL CERTIFICATE DATED
                       26.07.2025   ISSUED   BY   DR.  MANU   S.
                       SREEGOKULAM        MEDICAL       COLLEGE,
                       THIRUVANANTHAPURAM
Annexure-A12           TRUE COPY OF REPRESENTATION OF THE
                       APPLICANT DATED 31.07.2025
Annexure-A13           TRUE COPY OF REPORT DATED 26.07.2025 OF
                       M/S. HIND LAB
Annexure -A14          TRUE COPY OF MR IMAGING OF LUMBER SPINE

DATED APRIL 22, 2024, ISSUED BY DR. P. MALINI, CONSULTANT RADIOLOGIST.

Annexure-A15 TRUE COPY OF LAB TEST REPORT FROM PRS HOSPITAL THIRUVANANTHAPURAM DATED JULY 4, 2025 Annexure -A16 TRUE COPY OF MR IMAGING OF RIGHT SHOULDER DATED APRIL 22, 2024, ISSUED BY DR. P. MALINI, CONSULTANT RADIOLOGIST Annexure-A17 TRUE COPY OF MEDICAL REPORT FROM M/S. HIND LAB DATED DECEMBER 7, 2024, ISSUED BY DR. SWAPNA M. LENIN JOHN, CONSULTANT RADIOLOGIST Annexure-A18 18 TRUE COPY OF MEDICAL CERTIFICATE DATED JULY 4, 2025, ISSUED BY DR. REMYA,

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ASSISTANT PROFESSOR, GOVERNMENT AYURVEDA COLLEGE THIRUVANANTHAPURAM Annexure-R2r ORIGINAL OFFICE ORDER ISSUED BY THE DIRECTOR, CTCRI, THIRUVANANTHAPURAM ON 25/06/2025.

Annexure-R2s TRUE COPY OF THE OFFICE ORDER TRANSFERRING OFFICIALS, ISSUED BY THE HON'BLE CHAIRMAN AND SIGNED BY THE DEPUTY REGISTRAR (E) OF CAT, PRINCIPAL BENCH, NEW DELHI ON 26/08/2025 Exhibit -P1 TRUE COPY OF OA NO.320/2205 FILED BY THE PETITIONER BEFORE THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL ERNAKULAM BENCH Exhibit-P2 TRUE COPY OF THE REPLY STATEMENT FILED BY THE RESPONDENTS IN OA NO.320/2025 Exhibit -P3 TRUE COPY OF THE REJOINDER SUBMITTED BY THE PETITIONER IN OA NO.320/2025 BEFORE THE CAT ERNAKULAM BENCH Exhibit-P4 TRUE COPY OF THE ADDITIONAL REPLY FILED BY THE RESPONDENTS IN OA NO.320/2025 BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL ERNAKULAM BENCH Exhibit-P5 ADDITIONAL REJOINDER FILED BY THE APPLICANT IN OA NO.320/2025 BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL ERNAKULAM BENCH Exhibit-P6 TRUE COPY OF THE ORDER DATED 1.1.2026 IN OA NO.320/2025 BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL ERNAKULAM BENCH