SAJU K.G Vs. STATE OF KERALA

JUDGEMENT

(1.) The applicant in O.A.(EKM) No.180 of 2025 on the file of the Kerala Administrative Tribunal, Additional Bench at Ernakulam (the 'Tribunal' in short) filed this original petition, invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India, challenging the order dtd. 21/7/2025 passed by the Tribunal in that original application.

(2.) Going by the averments in the original application, the petitioner is presently working as a Consultant ENT at General Hospital Thrissur. The petitioner is getting superannuation on 31/5/2026 and has less than 2 years of service. Further, the petitioner belongs to the scheduled caste category. The petitioner's wife is working in Thrissur District, and their only daughter is studying in Ernakulam District. The petitioner is having a preferential right and claim as per the General Rules of transfer guidelines and norms. But, a draft list was prepared by rejecting the claims of the petitioner, and hence the petitioner has preferred appeals before respondents 1 and 2. But, shockingly, the respondents have sanctioned a transfer order by posting the 5 th respondent to General Hospital Ernakulam. The petitioner has a preferential right and claim over the 5th respondent for getting transferred to the General Hospital, Ernakulam. Further, the petitioner has completed 3 years of service at General Hospital Thrissur, and the 5th respondent has completed only 1 year of service at General Hospital Kottayam. On 4/10/2024, the Health and Family Welfare Department issued Annexure A6, by sanctioning General Transfer of the Consultant (ENT) Medical officers of the Department. The above order is violating the principles of law and violating the General Transfer guidelines and their attached preferential criteria. Aggrieved by the above Government Order, the petitioner has approached the Tribunal and subsequently filed Annexure A7 statutory appeal to the 1 st respondent. Vide Annexure A8 order dtd. 8/10/2024, the Tribunal directed the 1st respondent to consider and pass orders on Annexure A8 appeal at the earliest. But, the 1st respondent passed Annexure A9 order dtd. 6/1/2025 in a mechanical and illegal manner without considering the contentions of the petitioner. Hence, the petitioner- applicant approached the Tribunal with the original application filed under Sec. 19 of the Administrative Tribunals Act, 1985, seeking the following reliefs:

(3.) In the original application, the 5th respondent filed a reply statement dtd. 26/2/2025 producing therewith Annexures R5(a) to R5(g) documents. Similarly, the 1st respondent also filed a reply statement dtd. 27/6/2025, producing therewith Annexure R1(a) document. Meanwhile, the 1st respondent issued Ext.P5 order dtd. 2/7/2025 by extending the work arrangement of the petitioner at Ernakulam General Hospital, for a period of six months from 2/7/2025.