MUKTHA K. NAIR Vs. AIRPORTS AUTHORITY OF INDIA

JUDGEMENT

(1.) This writ appeal is filed under Sec. 5(i) of the Kerala High Court Act, 1958, by the petitioner in W.P.(C)No.36194 of 2024, challenging the judgment dtd. 13/1/2025 passed by the learned Single Judge, whereby the writ petition filed by the appellant under Article 226 of the Constitution of India seeking various reliefs by way of writ of certiorari and mandamus against Ext.P4 transfer order by which she was transferred from Thiruvananthapuram International Airport to Calicut International Airport, was dismissed.

(2.) The appellant joined service as a Junior Assistant on 22/5/2006 at Calicut International Airport, on compassionate grounds. She was transferred to Thiruvananthapuram in the year 2009. At present, she has been serving as Senior Superintendent in the HR Department at Thiruvananthapuram International Airport. According to the appellant, she has been living with her aged parents who are suffering from various ailments. She submitted Ext.P2 representation before the 4th respondent Regional Executive Director, Airports Authority of India on 18/6/2024 seeking her retention at Thiruvananthapuram International Airport. Since no action was taken in Ext.P2, she again submitted Ext.P3, a fresh representation dtd. 3/7/2024 before the 4th respondent for the very same purpose. Despite submitting Exts.P2 and P3 representations, as per Ext.P4 order dtd. 26/9/2024, the appellant has been transferred to Calicut International Airport. Again, the appellant submitted Ext.P5 representation before the 4th respondent seeking her retention at Thiruvananthapuram International Airport till 31/7/2025. As per Ext.P7 order dtd. 9/10/2024, the 5th respondent Assistant General Manager (HR), rejected the request of the appellant. Being aggrieved, the appellant approached this Court by filing W.P.(C) No.36194 of 2024. After considering the pleadings and materials on record and the submissions made at the Bar, the learned Single Judge dismissed the writ petition holding that when no post is available to accommodate her and six persons senior to her have been retained therein, the appellant cannot compel the Airports Authority to retrain her at Thiruvananthapuram International Airport, which has been taken over by a private company. The learned Single Judge further held that the appellant was transferred to the nearest airport, and since she holds a transferable post, she can be transferred and posted at any of the airports under the Airports Authority of India.

(3.) Heard the learned counsel for the appellant and the learned counsel appearing for the Airports Authority of India.