The Kerala Administrative Tribunal dismissed an original petition challenging a transfer of an Assistant Engineer as an incidence of service. The court held that no case for interference was made out and granted no better relief. (2 paras)
Original petition is dismissed; no better relief directed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
&
THE HONOURABLE MR. JUSTICE A.M.BABU
THURSDAY ,THE 07TH DAY OF MARCH 2019 / 16TH PHALGUNA, 1940
OP(KAT).No. 95 of 2019
AGAINST THE ORDER DATED 12-02-2019 IN OA (EKM)311/2019
OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONER/APPLICANT:
MUSTAFA M.P.,AGED 54 YEARS, S/O. MAMMAD KOYA, ASSISTANT ENGINEER, PUBLIC WORKS DEPARTMENT (PWD), ROADS MAINTENANCE DIVISION, KOZHIKODE.
FORMALLY WORKING AS ASSISTANT ENGINEER, PUBLIC WORKS DEPARTMENT (PWD), BRIDGES SECTION, PADINJARATHARA (P.O.), WAYANADU PIN - 673 575.
BY ADVS. SRI.JESWIN P.VARGHESE SMT.V.H.JASMINE
RESPONDENTS/RESPONDENTS:
1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPERTMENT (PWD), SECRETARIAT,THIRUVANANTHAPURAM PIN - 695 001.
BY SRI. T.RAJASEKHARAN-SR.GP
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION ON 07.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(KAT) No.95/2019
2
JUDGMENT
Chitambaresh, J.
The Tribunal has already directed the second respondent to take a decision on Annexure A2 representation filed challenging the order of transfer. We do not think that the petitioner is entitled to any better relief. Transfer is an incidence of service and can be challenged only on limited grounds. No case for interference has been made out in this original petition however.
The original petition is dismissed.
Sd/-
V. CHITAMBARESH JUDGE
Sd/- A.M. BABU JUDGE
ncd
OP(KAT) No.95/2019
3
APPENDIX
PETITIONER'S EXHIBITS
| EXHIBIT P1 | : | A TRUE | COPY OF O.A | .(EKM) NO.311/2019 |
|---|---|---|---|---|
| ON THE TRIBUNA BENCH, A1 AND |
FILE OF KER L, TRIVANDR ERNAKULAM) A2) |
ALA ADMINISTRATIVE UM (ADDITIONAL ALONG WITH ANNEXURE |
||
| ANNEXURE A1 | : | A TRUE NO.EB3/ THE 2ND |
COPY OF ORD 7256/2017/V RESPONDENT |
ER OL II (2) ISSUED BY DATED 06.02.2019. |
| ANNEXURE A2 | : | A TRUE SUBMITT RESPOND |
COPY OF THE ED BY THE ENT DATED 0 |
REPRESENTATION PETITIONER TO 2ND 6.02.2019. |
| EXHIBIT P2 | : | A TRUE KERALA THIRUVA |
COPY OF THE ADMINISTRAT NANTHAPURAM |
ORDER OF THE IVE TRIBUNAL, AT (ADDITIONAL BENCH, |
| ERNAKUL 12.02.2 |
AM) IN O.A. 019. |
NO. 311/2019 DATED |
RESPONDENTS' EXHIBITS : NIL
1 issue framed by the court
Whether the Tribunal is entitled to interfere in a transfer order on limited grounds without a case for interference being made out.
Mustafa M.P.
The State of Kerala Represented by Its Secretary to Government, Public Works Department (PWD)
The Chief Engineer, PWD – Administration, Public Works Department (PWD)
V. Chitambaresh
A.M. Babu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
