Seeba M.V. vs State Of Kerala

Alexander Thomas, J.

The aforecaptioned original petition (O.P.), filed under Articles 226 & 227 of the Constitution of India, is directed against the impugned Ext.P2 final order dated 04.07.2023 rendered by the Kerala Administrative Tribunal, Thiruvananthapuram Bench, in original application, O.A. No.1187/2023.

The petitioner herein is the sole applicant in the O.A. The respondents herein are the respondents in the O.A.

Heard Smt. Rekha Vasudevan, learned counsel appearing for the petitioner herein and Sri.K.P. Harish, learned Senior Government Pleader appearing for official respondents 1 to 3 herein. In the nature of the orders proposed to be passed by this Court in this O.P., notices to contesting respondents 4 to 9 will stand dispensed with.

The prayers in the instant Ext.P1 original application, O.A. No.1187/2023, filed by the petitioner herein before the Kerala Administrative Tribunal, Thiruvananthapuram Bench, are as follows:-

“1. Call for the records leading to Annexure A10 and stay its operation to the extent of transferring the applicant from Thrissur Corporation to Kattakampal Grama Panchayat, in Thrissur District.

Call for the record leading to Annexure A8 & A9 and set aside the same, since it is illegal and arbitrary.

Declare that the applicant is legally entitled to continue in the present station, ie; at Thrissur Corporation for one more year.

Direct the second respondent to retain the applicant in the present station.”

The petitioner is essentially aggrieved by the impugned Ext.A10 transfer order dated 03.07.2023, issued by the 2nd respondent herein (Principal Director, Principal Directorate of the Local Self Government Department), whereby, as per Sl.No.51 thereof, the petitioner herein, who is presently working as Assistant Engineer in Thrissur Municipal Corporation, has been directed to be transferred and posted as Assistant Engineer, Kattakampal Grama Panchayat, Thrissur District. The main grievance of the petitioner is that the proposed station to which she is sought to be transferred is more than 47 Kms. away from her residence; whereas the current station is only 10 Kms. The main ground relied on by the petitioner is that she is to retire from service on 31.03.2025 and then going by the beneficial provisions of Clause 10 (xi) of Anx.A2 guidelines, incumbents who have only less than two years to retire may not ordinarily be transferred. Further that, the petitioner has adopted a child and that her marriage is an inter-caste one and hence she is also entitled for protective measures in terms of the transfer guidelines.

The Tribunal after hearing both sides has now rendered the impugned Ext.P2 final order dated 04.07.2023, disposing of the original application, whereby it has been ordered that the petitioner may represent her grievances in the matter of the transfer before the first respondent Government by filing an appeal and the first respondent Government has been directed to take a decision on the said appellate request of the petitioner within one month thereafter. The petitioner has now preferred Ext.P4 appeal dated 05.07.2023, which is stated to be pending before the first respondent-State Government. Further, the petitioner asserts that she has not been relieved from her present station at Thrissur Municipal Corporation even as on today.

Taking note of the claims of the petitioner that she has only less than two years to retire from service, as well as the fact that she has adopted a child and that her marriage was inter-caste one, we are of the view that the subject matter of the lis may have to be preserved and therefore, the petitioner could continue in service in her present station till the disposal of the appeal, by the Government.

In that view of the matter it is ordered that, the Government may take a decision on Ext.P4 appeal without much delay, and until a decision is taken by the respondent-State Government on Ext.P4 appeal, the respondents will permit the petitioner to continue as Assistant Engineer, in her present station at Thrissur Municipal Corporation, in case, she has not been relieved from the said station as on today. Further, the claims of the petitioner that, she has only less than two years to retire from service, she has adopted a child and that her marriage is inter-caste one, etc., should also be duly adverted to and considered by the respondent-State Government while deciding on the appeal. The respondent-State Government will also consider as to whether there are other stations in Thrissur District, which is nearby her residence, wherein she could be conveniently accommodated.

The learned Senior Government Pleader will immediately inform the respondents, more particularly respondents 2 & 3, about the abovesaid direction.

No other orders and directions are called for. The impugned verdict of the Tribunal will stand modified as above.

With these observations and directions, the above original petition will stand disposed of.