V MOHANAN PILLAI Vs. DIRECTOR OF HEALTH SERVICES

JUDGEMENT

(1.) The petitioners in this Original Petition are the applicants in O.A.No.750/2018 on the files of the Kerala Administrative Tribunal, Thiruvananthapuram (hereinafter referred to as 'the Tribunal') .

(2.) The issues involved in this case are not very complicated but are of some portent. The challenge in the Original Application is against an order, whereunder the petitioners herein were ordered to be transferred to Alappuzha, on the ground that they had been earlier appointed through the Public Service Commission (hereinafter referred to as 'the PSC') to the Alapuzha District, which allegedly was their home District. Even though the averments and allegations in this petition are several in nature, it would be sufficient for us to record the submission of the Learned Senior Counsel, Sri.N.N.Sugunapalan, appearing for the petitioners that the contents of the order impugned before the O.A., that the home unit of the petitioners is Aleppey, is completely erroneous for the fact that they were, in fact, transferred to Kottayam along with the post thereby shifting their lien to the said District. The submission of the learned Senior Counsel in effect is that the lien of the petitioners is now in Kottayam and not in Alapuzha, and therefore, their transfer to Alapuzha on the ground that they were originally recruited, through the PSC, to the Alappuzha Distirct is completely unsustainable in law.

(3.) We do not propose to affirmatively state anything on the contentions raised in this petition because we are aware that the Original Application is still pending before the learned Tribunal. The challenge before us is only against an interim order issued by the learned Tribunal declining stay of the petitioner's transfer, as sought for by them, so as to allow them to continue in Kottayam.