Court held that no part of the cause of action regarding transfer petitions arose within the jurisdiction of the Kerala Bench of the Central Administrative Tribunal, justifying dismissal of the original petition challenging the Tribunal's order.
Original petition dismissed as the Tribunal lacked territorial jurisdiction.
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 A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 07TH DAY OF OCTOBER 2020 / 15TH ASWINA, 1942
OP (CAT).No.169 OF 2020
AGAINST THE ORDER DATED 10.09.2020 IN OA NO. 180/000898/2019 OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONER/APPLICANT IN OA:
ATHIRA SADHU (EMPLOYEE CODE NO.5527) AGED 38 YEARS W/O.DEEPAK.S., SENIOR STATISTICAL OFFICER, NATIONAL SAMPLE SURVEY OFFICE, (FIELD OPERATION DIVISION), (TAMIL NADU WEST) REGIONAL OFFICE, BUILDING NO.43, SENGUPTA STREET, RAMNAGAR, COIMBATORE-641 009 AND PERMANENTLY RESIDING AT SREENILAYAM, MANKAYI KADAVU, UDAYAMPEROOR, ERNAKULAM-682 307 (9526835224).
BY ADV. SRI.N.UNNIKRISHNAN
RESPONDENTS/RESPONDENTS IN OA:
2 THE SECRETARY TO THE GOVERNMENT OF INDIA AND CHIEF STATISTICIAN OF INDIA, MINISTRY OF STATISTICS AND PROGRAMME IMPLEMENTATION, SUBORDINATE STATISTICAL SERVICE, ROOM NO.528, SARDHAR PATEL BHAVAN, SANSAD MARG, NEW DELHI-110 001.
3 THE DIRECTOR GENERAL, SUBORDINATE STATISTICS SERVICE (SSS), GOVERNMENT OF INDIA, ROOM NO.528, S.P.BHAVAN, SANSAD MARG, NEW DELHI-110 001.
4 THE DEPUTY DIRECTOR GENERAL (SOUTH ZONE), NATIONAL SAMPLE SURVEY OFFICE, FIELD OPERATIONS DIVISION, KENDRIYASADAN, KORAMANGALA, BANGALORE-560 034.
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6 SMT.DEEPA RAJ.S., SENIOR STATISTICAL OFFICER, NATIONAL SAMPLE SURVEY OFFICE, FIELD OPERATION DIVISION, PLOT NO.60, 5TH CROSS ROAD, SUNDARAM NAGAR, MEDICAL COLLEGE ROAD, THANJAVUR, TAMIL NADU-613 004.
7 SMT.MANEESHA.B., SENIOR STATISTICAL OFFICER, NATIONAL SAMPLE SURVEY OFFICE, FILED OPERATION DIVISION, DOOR NO.114/3/A4, KATCHERI ROAD, NH-7, 4-WAY ROAD, OPP.TNSTC, VIRUDHANAGAR, TAMIL NADU-626 001.
8 K.R.KRISHNA KUMAR, AGED 48 YEARS (E. CODE 4142), S/O.LATE K.R.RAMACHANDRAN, ASSISTANT DIRECTOR, MICRO, SMALL, MEDIUM ENTERPRISE (DEVELOPMENT) INSTITUTE (MSME) (DI), KANJANI ROAD, AYYANTHOLE, THRISSUR-680 003 AND RESIDING AT KALLINGAL HOUSE, VAKKAT ROAD, VENNALA P.O., KOCHI682 028.
9 SMT.ALBY ANNIE GEORGE ( E.CODE 5476), AGED 39 YEARS W/O.TONY VARGHESE, CHAKKIATH, SENIOR STATISTICAL OFFICER, NATIONAL SAMPLE SURVEY OFFICE (FIELD OPERATION DIVISION), REGIONAL OFFICE, BUILDING NO.43, SEN GUPTA STREET, RAM NAGAR, COIMBATORE-641 009 AND PERMANENTLY RESIDING AT THOMSON BHAVAN, U.C.COLLEGE P.O., ALUVA-683 102.
SRI. P. VIJAYAKUMAR, ASGI R1 TO 5 SRI. T.C. GOVINDASWAMY FOR R6 & R7 SRI. PAULACHAN IYPE FOR R8 & R9
THIS OP (CAT) HAVING COME UP FOR ADMISSION ON 07.10.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 7th day of October 2020
Shaffique, J
This original petition has been filed challenging the order passed by the Central Administrative Tribunal, Ernakulam Bench in O.A.No. 180/000898/2019 by which the application filed by the petitioner had been rejected on the ground that the Tribunal does not have the territorial jurisdiction to entertain the application. The learned counsel for the petitioner would contend that, part of the cause of action had been arisen within the jurisdiction of the Tribunal in terms of Rule 6(1) (ii) of the Central Administrative Tribunal (Procedure) Rules, 1987. It is also pointed out that on an earlier occasion this issue was considered and it was observed that the Tribunal has territorial jurisdiction.
“6. Place of filing applications. - (1) An application shall ordinarily be filed by an applicant with the Registrar of the Bench within whose jurisdiction.
(i) the applicant is posted for the time being, or
(ii) the cause of action, wholly or in part, has arisen.
Provided that with the leave of the Chairman the application may be filed with the Registrar of the Principal Bench and subject to the orders under section 25, such application shall be heard and disposed of by the Bench which has jurisdiction over the matter.”
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“i) Call for the records leading to the issuance of Annexures A9 in so far as the transfer and posting of the 6th and 7th respondents is concerned;
ii) Declare that the applicant is entitled to be posted at Ernakulam in preference to respondent No.6 and 7; iii) Declare that transfer of 6th and 7th respondents to Ernakulam overlooking the applicant's superior claim is bad in law;
iv) Issue appropriate order quashing transfer of 5th and 6th respondents to Ernakulam in Annexure -A9;
v) Issue appropriate order or direction to issue transfer order of applicant to Ernakulam as per Annexures A3, A5, A8 and A10 representations in the vacancies available before the issuance of Annexure A9 within a reasonable time;”
against respondents 6 and 7 who were posted at Ernakulam and she also had sought for a direction to transfer her to Ernakulam. When an order of transfer is being challenged, the cause of action would arise only in the place where the transferee is being working. If the said order is set aside, the transferee will have to remain in the very same station/office.
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think that any part of the cause of action has arisen within the jurisdiction of the Kerala Bench of the Tribunal. Hence we are of the view that the Tribunal was justified in dismissing the application of the petitioner. It is made clear that the dismissal of this original petition will not preclude the petitioner in approaching the appropriate Tribunal, if so advised.
This original petition is dismissed.
Sd/-
A.M.SHAFFIQUE
JUDGE
Sd/-
GOPINATH P.
kp
True copy
JUDGE
P.A. To Judge
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APPENDIX
PETITIONER'S EXHIBITS:
| EXHIBIT P1 | A TRUE COPY OF ORIGINAL APPLICATION NO.180/00898/2019 ALONG WITH ANNEXURES. |
|---|---|
| ANNEXURE A9 | A TRUE COPY OF COMMON TRANSFER ORDER NO.11015/1/2018-SSS DATED 04.12.2019. |
| ANNEXURE A1 | A TRUE COPY OF CERTIFICATE DATED 11.12.2019 ISSUED BY DR.JISS JOY, JUNIOR CONSULTANT ONCOLOGY, GOVERNMENT GENERAL HOSPITAL, ERNAKULAM. |
| ANNEXURE A2 | A TRUE COPY OF THE MRI REPORT DATED 25.05.2019 OF THE APPLICANT'S MOTHER ISSUED BY DR.SRAVANTHI KASAM, CONSULTANT RADIOLOGIST, GENERAL HOSPITAL, ERNAKULAM. |
| ANNEXURE A3 | A TRUE COPY OF REPRESENTATION DATED 23.09.2019 MADE BY THE APPLICANT TO THE 3RD RESPONDENT. |
| ANNEXURE A4 | A TRUE COPY OF OFFICE MEMORANDUM NO.12039/03/2019-SSS DATED 05.03.3019 ALONG WITH RELEVANT PAGE OF FINAL SENIORITY LIST. |
| ANNEXURE A5 | A TRUE COPY OF OWN COST TRANSFER APPLICATION DATED 30.05.2019 SUBMITTED BY THE APPLICANT TO THE 2ND RESPONDENT. |
| ANNEXURE A6 | A TRUE COPY OF MEDICAL CERTIFICATE DATED 11.12.2019 ISSUED BY DR.SHALINI VINOD, CONSULTANT PULMONOLOGIST, ERNAKULAM MEDICAL CENTRE. |
| ANNEXURE A7 | A TRUE COPY OF FORWARDING LETTER NO.2(3)/TNW/ADMN/2019-20/POSTING AND TRANS DATED 31.05.2019. |
| ANNEXURE A8 | A TRUE COPY OF FORWARDING LETTER NO.2(3)/TNWADMN/2019-20/POSTING AND TRANS DATED 30.09.2019. |
| ANNEXURE A10 | A TRUE COPY OF REPRESENTATION DATED 10.12.2019. |
| ANNEXURE A11 | A TRUE COPY OF E-MAIL DATED 11.12.2019 SENT TO 3RD RESPONDENT. |
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| ANNEXURE A12 | A TRUE COPY OF ORDER DATED 10.12.2019 IN OA NO.180/00877/2019. |
|---|---|
| EXHIBIT P2 | A TRUE COPY OF INTERIM ORDER DATED 16.12.2019. |
| EXHIBIT P3 | A TRUE COPY OF REPLY STATEMENT DATED 24.01.2020 IN OA NO.898/2019 ALONG WITH ANNEXURES. |
| ANNEXURE R1 | A TRUE COPY OF THE MINUTES OF THE CIVIL SERVICE BOARD MEETING DATED 05.07.2019. |
| ANNEXURE R2 | A TRUE COPY OF THE MINUTES OF THE CIVIL SERVICE BOARD MEETING DATED 28.11.2019. |
| EXHIBIT P4 | A TRUE COPY OF REPLY STATEMENT DATED 05.01.2020 FILED BY RESPONDENTS NO.6 AND 7 ALONG WITH ANNEXURES. |
| ANNEXURE R6(A) | A TRUE COPY OF THE OFFICE MEMORANDUM ISSUED BY THE SECOND RESPONDENT UNDER NO.11015/2/2015-SSS DATED 30TH NOVEMBER, 2015. |
| ANNEXURE R6(B) | A TRUE COPY OF THE REPRESENTATION DATED 14.02.2019. |
| ANNEXURE R6(C) | SERIES A TRUE COPY OF THE REPRESENTATION DATED 24.06.2019. |
| ANNEXURE R6(D) | A TRUE COPY OF THE REPRESENTATION DATED 13.12.2019. |
| ANNEXURE R6(E) | A TRUE COPY OF MEDICAL CERTIFICATE INDICATING THE HEALTH CONDITION OF THE APPLICANTS SECOND CHILD. |
| ANNEXURE R6(F) | A TRUE COPY OF REPRESENTATION DATED 29.08.2019. |
| ANNEXURE R6(G) | A TRUE COPY OF REPRESENTATION DATED 29.08.2019. |
| ANNEXURE R6(H) | A TRUE COPY OF THE BIRTH CERTIFICATE OF THE APPLICANT'S SON NOW AGED ABOUT ONE YEAR AND 11 MONTHS. |
| ANNEXURE R6(I) | A TRUE COPY OF THE REPRESENTATION DATED 13.12.2019. |
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| EXHIBIT P5 | A TRUE COPY OF REJOINDER DATED 14.01.2020 FILED AGAINST THE REPLY STATEMENT OF RESPONDENTS NO.6 AND 7 ALONG WITH ANNEXURES. |
|---|---|
| ANNEXURE A13 | A TRUE COPY OF LETTER DATED 12.12.2019 SUBMITTED BY SHR.K.R.KIRISHNAKUMAR TO THE CENTRAL PUBLIC INFORMATION OFFICER, MINISTRY OF STATISTICS AND PROGRAMME IMPLEMENTATION, NEW DELHI. |
| ANNEXURE A14 | A TRUE COPY OF REPLY LETTER NO.11011/01(04)/2019-SSS DATED 10.01.2020 RECEIVED BY SHRI.K.R.KRISHNAKUMAR. |
| ANNEXURE A15 | A TRUE COPY OF WEIGHT FOR AGE GIRLS (BIRTH TO 2 YEARS (PERCENTILES) RELEASED BY WHO. |
| ANNEXURE A16 | A TRUE COPY OF OFFICE MEMORANDUM NO.11015/1/2018-SSS DATED 14.03.2019 ISSUED BY THE SSS. |
| EXHIBIT P6 | A TRUE COPY OF REJOINDER DATED 29.01.2020 ALONG WITH ANNEDURES FILED AGAINST THE REPLY STATEMENT OF THE RESPONDENTS NO.1 TO 5 BY THE PETITIONER ALONG WITH ANNEXURES. |
| ANNEXURE A17 | A TRUE COPY OF THE ORDER NO.11015/1/2014- SSS DATED 18.12.2015. |
| ANNEXURE A18 | A TRUE COPY OF THE MEMORANDUM NO.5/49/09- ESTT/1993 DATED 29.01.2016. |
| ANNEXURE A19 | A SPECIMEN COPY OF TRANSFER APPLICATION PERFORMA (ANNEXURE 1A AND IB) APPENDED WITH OFIFCE MEMORANDUM NO.A-32016/7/2014-E.II DATED 03.03.2015. |
| ANNEXURE A20 | A TRUE COPY OF LETTER NO.11011/01/ (03)/2019-SSS DATED 28.01.2020 ISSUED BY THE DEPUTY DIRECTOR & CPIO(SSS). |
| ANNEXURE A21 | A TRUE COPY OF LETTER NO.11011/01/(04)2019- SSS DATED 20.01.2020 INCLUDING MINUTES MEETING HELD ON 28.11.2019 ALONG WITH RELEVANT PAGES OF STATEMENT APPENDED WITH THIS LETTER. |
| ANNEXURE A22 | A TRUE COPY OF REPRESENTATION DATED 10.07.2019 FILED BY THE APPLICANT. |
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| EXHIBIT P7 | A TRUE COPY OF COMMON REPLY STATEMENT DATED 23.02.2020 FILED BY RESPONDENT NO.9 AGAINST THE REPLY STATEMENT OF RESPONDENTS NO.1 TO 5 AND RESPONDENTS NO.6 & 7. |
|---|---|
| EXHIBIT P8 | A TRUE COPY OF REPLY TO THE REJOINDER OF THE PETITIONER IN IA NO.898/2019 FILED BY RESPONDENTS NO.1 TO 5 ALONG WITH ANNEXRUES. |
| ANNEXURE R3 | A TRUE COPY OF THE MINUTES OF THE MEETING HELD ON 27.02.2020. |
| EXHIBIT P9 | A TRUE COPY OF COUNSEL STATEMENT ON BEHALF OF RESPONDENTS NO.1 TO 8 IN OA NO.287/2020. |
| EXHIBIT P10 | A TRUE COPY OF REPLY STATEMENT DATED 29.07.2020 FILED BY THE COUNSEL FOR APPLICANT AGAINST THE COUNSEL'S STATEMENT ON BEHALF OF RESPONDENTS NO.1 TO 8 IN OA NO.287/2020. |
| EXHIBIT P11 | A TRUE COPY OF ORDER DATED 27.07.2020 IN OA NO.898/2019. |
| EXHIBIT P12 | A TRUE COPY OF STATEMENT DATED 29.07.2020 WAS FILED ON BEHALF OF RESPONDENTS NO.1 TO 5 IN OA NO.898/2019. |
| EXHIBIT P13 | A TRUE COPY OF ADDITIONAL REPLY STATEMENT DATED 23.07.2020 IN OA NO.898/2019 FILED BY RESPONDENTS NO.6 AND 7. |
| EXHIBIT P14 | A TRUE COPY OF STATEMENT DATED 25.08.2020 IN OA NO.287/2020 FILED BY THE COUNSEL FOR THE APPLICANT. |
| EXHIBIT P15 | A TRUE COPY OF THE ORDER DATED 10.09.2020 IN OA NO.898/2019 AND CONNECTED CASES. |
2 issues framed by the court
Whether the cause of action arose within the territorial jurisdiction of the Kerala Bench of the Central Administrative Tribunal?
Whether the Tribunal was justified in dismissing the application due to lack of jurisdiction?
ATHIRA SADHU
UNION OF INDIA
THE SECRETARY TO THE GOVERNMENT OF INDIA
THE DIRECTOR GENERAL, SUBORDINATE STATISTICS SERVICE
THE DEPUTY DIRECTOR GENERAL (SOUTH ZONE), NATIONAL SAMPLE SURVEY OFFICE
THE DIRECTOR, NATIONAL SAMPLE SURVEY OFFICE
A.M. SHAFFIQUE
GOPINATH P.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
