STATE OF KERALA Vs. SREENIVAS C D

JUDGEMENT

(1.) The State of Kerala and its officers have filed this Original Petition (KAT) challenging the order of the Kerala Administrative Tribunal in O.A.No.1035/2020. Through that order, the Tribunal had quashed an order through which the sole respondent/applicant before the Tribunal had been transferred, on his promotion as Joint Secretary, to the Law Wing, Office of the Resident Commissioner, Government of Kerala, New Delhi. For the sake of clarity, the parties are referred to as they appear before the Tribunal and the documents are referred to as they marked before the Tribunal.

(2.) Sri. Antonty Mukkath, learned Senior Government Pleader appearing for the State of Kerala would submit that the Tribunal went wrong in law in interfering with an order of Transfer of a senior officer like the applicant. He would state that Annexure-A8 which, was relied on to grant relief to the applicant is not applicable. He would submit that the stipulation in clause 6 (2) of Annexure-A8 applies only to officers directly under the Resident Commissioner and that the Law Wing and the Engineering Wing of PWD, which also function out of the office of the Resident Commissioner, are separate and independent wings and they are not directly under the administrative control of the Resident Commissioner. He would, therefore, submit that the transfer order, which has been issued by the General Administration Department is to be sustained. He would also rely on paragraph 6 of the judgment of a Division Bench of this Court in O.P. (KAT)No.411/2019 & con.case, which reads as follows:-

(3.) Per contra Sri.S.P.Aravindakshan Pillai the learned counsel for the applicant would submit that the applicant, who was a Deputy Secretary in the Law Department, while working as District Law Officer, Alappuzha was transferred to Kasaragod within a short while after taking charge as Law Officer at Alappuzha. This order of transfer at Kasaragod was interfered with by the Tribunal. One year later, he was again transferred to Kasaragod and that transfer has been stayed by the Tribunal vide the order marked as Annexure-4. He would submit that having failed in the attempt to transfer the applicant to Kasaragod, he has now been posted to the Law Wing in the Office of the Resident Commissioner, New Delhi utilising the opportunity to post him as such on account of his promotion as Joint Secretary. He would assert that the transfer was against the norms which provide that posting of officers to New Delhi can only be after ascertaining the willingness of the officer concerned as is provided in clause 6(2) of Annexure-A8. He would also contend that the transfer is against the transfer norms in Annexure-A9. He would further submit that the transfer is effected after rejecting the request made by the District Collector, Alappuzha to retain the applicant as Law Officer at Alappuzha by upgrading the post of Law Officer from that of Deputy Secretary to Joint Secretary.