DIRECTOR OF TECHNICAL EDUCATION Vs. UDAYAKUMAR.K

JUDGEMENT

(1.) HEARD the learned Senior Government Pleader and the learned counsel for the respondent.

(2.) RESPONDENT , moved the Kerala Administrative Tribunal complaining that he has been isolated and discriminated in a hostile manner when he requested for inter departmental transfer. He is a last grade servant. Noticing the varied facts situation, the Tribunal concluded in paragraphs 7 and 8 of the impugned order that it is manifestly clear that the method of pick & choose is adopted for selecting candidates for inter departmental transfers and that guidelines need to be framed to streamline such transfers. The technical plea now raised is that no direction could have been issued to frame general guidelines, norms or rules, without the State Government, which is the authority to do so, being on the array of parties. The Director of Technical Education OP(KAT)3297/13 -2 - was the respondent before the Tribunal. While the Government may choose for itself whether it would take a cue from the Tribunal's order, though, technically, it was not a party to those proceedings while the Director of Technical Education was, the laudable objectives sought to be achieved by the Tribunal in directing that guidelines have to be framed are essentially to ensure transparency, credibility and accountability in matters relating to inter departmental transfers and also to provide general guidelines or norms to be in place, and, thereby, to exclude favouritism, nepotism and doling out undue favours to those who can knock at the higher echelons of political and executive power. Having considered the order of the learned Tribunal, we are in complete agreement with the expressions therein. In the manner in which the learned Tribunal has issued its order, we are clear in our mind that it never intended the rule making or the executive decision making, to formulate guidelines and norms, to be done by any authority, which is not vested with the power to do so. The practical way of understanding the judgment and giving effect to it is for the Director of Technical Education to bring such order of the Tribunal to the immediate OP(KAT)3297/13 -3 - notice of the competent authority in the Government to enable the Government to forthwith move to do the needful, taking into consideration the facts and factors as indicated in the Tribunal's order. This is the bare minimum that has to be made in the interest of those in the last grade yearnings for inter departmental transfer. We are sure that the Government will look into those matters, at the earliest, and issue orders and guidelines, since the respondent's request has also been referred by the Tribunal to be considered in terms of such guidelines. 3.For the aforesaid reasons, we see no ground to interfere with the impugned order of the Tribunal. This original petition fails. In the result, this original petition is dismissed, however, clarifying the Tribunal's order as stated hereinabove.