This High Court order dismisses a petition seeking interim stay on a transfer/order. The Court held that Service Rules govern such promotions and postings. It refused to interfere with the Tribunal's decision to decline the stay, remanding the main matter for expeditious consideration.
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.
TUESDAY, THE 03RD DAY OF NOVEMBER 2020 / 12TH KARTHIKA, 1942
OP (CAT).No.184 OF 2020
AGAINST THE ORDER IN OA 399/2020 DATED 22-10-2020 OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONER:
A.K.SALINI
AGED 39 YEARS, W/O. SAJEEV K.R., TECHNICIAN 1/C AND W, SHORNUR RAILWAY STATION AND P.O. RESIDING A T KOORIKKATTIL NAYANAM, VELLINEZHI P.O. PALAKKAD DISTRICT 679 504, MOB. 944797230.
BY ADVS. SRI.T.C.GOVINDASWAMY SMT.KALA T.GOPI SRI.B.NAMADEVA PRABHU
RESPONDENTS:
1 UNION OF INDIA REPRESEND BY THE GENERAL MANAGER, SOUTHERN RAILWAY HEAD QUARTERERS OFFICE, PARK TOWN P.O. CHENNAI 600 003.
2 THE SENIOR DIVISIONAL PERSONNEL OFFICER, SOUTHERN RAILWAY, PALGHAT DIVISION, PALGHAT 678 002.
3 THE SENIOR DIVISIONAL MECHANICAL ENGINEER, SOUTHERN RAILWAY, PALGHAT DIVISION, PALGHAT 678 002.
4 THE DIVISIONAL RAILWAY MANAGER, SOUTHERN RAILWAY, PALGHAT DIVISION, PALGHAT 678 002.
BY SRI.B.RAJESH, SC, RAILWAYS
THIS OP (CAT) HAVING COME UP FOR ADMISSION ON 03.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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J U D G M E N T
DATED THIS THE 3rd DAY OF NOVEMBER, 2020
Shaffique, J:
Challenging an order passed by the Tribunal this original petition has been filed. The petitioner/applicant while working as Technician Gr.I/Carriage and Wagon at Shornur was promoted and posted to Mangalore as per order dated 10-07-2020. When the order of promotion/posting was challenged by filing OA No.399/2020, the petitioner was asked to submit a representation and the respondents were directed to consider and pass orders which resulted in Annexure-A5 order, declining her request. The petitioner therefore approached the Tribunal by filing the above original application inter alia challenging implementation of the transfer order. The respondents took up a contention that on several occasions she was promoted and transferred, but on her request, she was retained at Shornur and she was remaining at Shornur for the last 10 years. The Tribunal found that taking into consideration the facts and circumstances involved in the matter, there is no reason to interfere with the order of transfer and accordingly the request for an interim order to stay the operation of the transfer order was declined. While impugning the aforesaid order, learned counsel submits
OP (CAT) No.184/2020
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that the case is listed for hearing on 17-11-2020 and therefore she should be permitted to remain at Shornur until then.
The Tribunal shall consider the matter as expeditiously not later than 3 months from the date of receipt of a copy of this judgment.
O.P (CAT) is disposed of as above.
(Sd/-)
A.M. SHAFFIQUE, JUDGE.
(Sd/-) GOPINATH P., JUDGE.
AMG
OP (CAT) No.184/2020
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APPENDIX
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 | A TRUE COPY OF ORIGINAL APPLICATION, NO. 180/00399/2020. |
|---|---|
| ANNEXURE A1 | TRUE COPY OF THE OFFICE ORDER NO. J/MM 13/2020, DATED 10.07.2020 ISSUED BY THE 2ND RESPONDENT. |
| ANNEXURE A5 | A TRUE COPY OF LETTER NO. J/P 535/V/C/ AND W SR.TECH/VOL IV, DATED 10.08.2020 ISSUED BY THE 2ND RESPONDENT ON BEHALF OF THE 3RD RESPONDENT. |
| ANNEXURE A2 | TRUE COPY OF THE REPRESENTATION DATED 14.07.2020 SUBMITTED BY THE APPLICANT TO THE 2ND RESPONDENT. |
| ANNEXURE A3 | TRUE COPY OF THE REPRESENTATION DATED 14.07.2020 SUBMITTED BY THE APPLICANT TO THE 3RD RESPONDENT. |
| ANNEXURE A4 | TRUE COPY OF THE ORDER RENDERED BY THIS HONBLE TRIBUNAL IN OA 330/2020 DATED 29.07.2020. |
| ANNEXURE A6 | TRUE COPY OF THE LETTER NO. E (NG) 1-2020/TR/2 DATED 07.08.2020 ISSUED BY THE RAILWAY BOARD. |
| ANNEXURE A7 | TRUE COPY OF THE RAILWAY BOARD ORDER BEARING NO. RBE NO. 8/88, DATED 06.01.1988. |
| ANNEXURE A8 | TRUE COPY OF THE RAILWAY BOARD ORDER BEARING NO. 147/1997 DATED 05.11.1997.. |
| ANNEXURE A9 | TRUE COPY OF THE RAILWAY BOARD ORDER BEARING NO. RBE NO. 80/2005, DATED 10.05.2005. |
| ANNEXURE A10 | TRUE COPY OF THE RAILWAY BOARD RBE NO. 23/2010, DATED 02.02.2010. |
| ANNEXURE A11 | TRUE COPY OF THE COMMUNICATION BEARING NO. SRMU/7/17, DATED 14.07.2020. |
| ANNEXURE A12 | TRUE COPY OF THE RAILWAY BOARD ORDER BEARING NO. E(O) III/2014/PL/03 DATED 10.06.2014. |
| ANNEXURE A13 | TRUE COPY OF THE RAILWAY BOARD ORDER BEARING RBE NO. 109/2015 DATED 21.09.2015. |
| ANNEXURE A14 | TRUE COPY OF THE RAILWAY BOARD ORDER BEARING RBE NO. 70/2018 DATED 21.05.2018. |
| EXHIBIT P2 | A TRUE COPY OF THE SHORT STATEMENT FIELD BY THE RESPONDENTS ON 7TH SEPTEMBER 2020, IN OA NO. 180/00399/2020. |
OP (CAT) No.184/2020
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| ANNEXURE R1 | TRUE COPY OF RBE NO. 244 OF 1989 DATED 27.09.1989. |
|---|---|
| EXHIBIT P3 | A TRUE COPY OF THE REPLY STATEMENT DATED 7TH OCTOBER 2020 FILED BY THE RESPONDENTS IN OA NO. 180/00399/2020,. |
| ANNEXURE R2 | TRUE COPY OF NOE FOR THE PROMOTION AND POSTING AS SR. TECH. (C &W). |
| EXHIBIT P4 | A TRUE COPY OF THE REJOINDER DATED 22ND OCTOBER 2020 FILED BY THE PETITIONER/APPLICANT IN OA NO. 180/00399/2020. |
| ANNEXURE A15 | TRUE COPY OF RBV NO. 10/2008 DATED 11.08.2008. |
| ANNEXURE A16 | TRUE COPY OF RBE NO. E (NG0 1/75/PMI 44 DATED 31.05.1982 AS PUBLISHED BY THE RAILWAYS IN A BOOL TITILED BROCHURE ON RESERVATION FOR SCHEDULE CASTS AND SCHEDULED TRIBES. |
| EXHIBIT P5 | A TRUE COPY OF THE ORDER DATED 22.10.2020 IN OA NO. 180/003992020 PASSED BY THE LEARNED TRIBUNAL. |
| EXHIBIT P6 | A TRUE COPY OF THE JUDGMENT OF THE HONBLE HIGH COURT IN OP CAT, NO. 297/2019 DATED 28.11.2019. |
1 issue framed by the court
Whether the petitioner is entitled to an interim stay on the transfer/promotion order pending disposal of the main application.
A.K. SALINI
UNION OF INDIA
THE SENIOR DIVISIONAL PERSONNEL OFFICER
THE SENIOR DIVISIONAL MECHANICAL ENGINEER
THE DIVISIONAL RAILWAY MANAGER
A.M. SHAFFIQUE
GOPINATH P.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
