STATE OF KERALA Vs. K.B.VINODKUMAR

JUDGEMENT

(1.) Petitioner is the State and the respondent the applicant before the Tribunal. The Tribunal found that the applicant's constant transfers, especially when juniors were accommodated in Thiruvananthapuram, is in violation of the transfer guidelines of the Government. The order was set aside and the 1st respondent in the O.A. was directed to give a hearing to the applicant and consider his request for a posting in Thiruvananthapuram. Later a miscellaneous application was filed, in which a modification was made setting aside the impugned order only to the extent of the transfer to Kozhikode.

(2.) The learned Senior Government Pleader first of all raised a contention that there should have been no order passed in the miscellaneous application, which traveled beyond the first order in the O.A itself. True, the applicant could have maintained a review, but no application under Rule 7(3) of the Kerala Administrative Tribunal (Practice and Procedure) Rules should have been filed, when Rule 7 can be invoked only when there is a pending application. The learned counsel appearing for the respondent in defense points out Rule 24, which stipulates that, the Tribunal may make such orders or give such directions as may be necessary or expedient to give effect or in relation to its orders or to prevent abuse of its process or to secure the ends of justice.

(3.) On merits the learned Government Pleader submits that, the applicant had been continuing from the time of his entry into service in Thiruvananthapuram. His constant transfers in the last three years was by reason only of his promotion from the post of Deputy Secretary to Joint Secretary and then to the post of Additional Secretary, the last of which resulted in the present posting at Kozhikode. The petitioner cannot have any claim to be posted at Thiruvananthapuram on promotion and he cannot claim such a posting on the basis of his seniority.