The Chief General … vs The Central Administrative … on 27 August, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 24200 of 2009(S)


1. THE CHIEF GENERAL MANAGER-TELECOM,
                      ...  Petitioner
2. THE PRINCIPAL GENERAL MANAGER, TELECOM,
3. THE ASST. GENERAL MANAGER (ADMN.)

                        Vs



1. THE CENTRAL ADMINISTRATIVE TRIBUNAL
                       ...       Respondent

2. K.K.P.ATTAKKIDAVU, AGED 56 YARS,

                For Petitioner  :SRI.K.RAMAKUMAR (SR.)

                For Respondent  : No Appearance

The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice C.T.RAVIKUMAR

 Dated :27/08/2009

 O R D E R
             KURIAN JOSEPH & C.T.RAVIKUMAR, JJ.
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                   W.P.(C) No.24200 of 2009
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                     Dated 27th August, 2009.

                           J U D G M E N T

Kurian Joseph, J.

Petitioners are the respondents before the Central

Administrative Tribunal, Ernakulam in O.A.343/09. The

application was filed aggrieved by order dated 5.5.2009, whereby

the petitioner was transferred from Kavaratti to Aluva. It is seen

that the petitioner had represented his grievances before the

Chief General Manager as per representation dated 22.5.2009.

Without even waiting to know the action taken on the

representation it appears, the second respondent rushed to the

Tribunal and the Tribunal has interfered with the order. Learned

counsel for the applicant however submits that only because the

applicant apprehended implementation of the order, he filed an

application before the Tribunal. Be that as it may, since in normal

matters of administration, an employee who had a grievance with

regard to his transfer had a legitimate right to approach his

superior officer with a representation and the same having been

duly done, it is only appropriate that the superior authority looks

into the matter. In that view of the matter, we set aside Ext.P4

order passed by the Central Administrative Tribunal, Ernakulam.

WANO.24200/09 2

There will be a direction to the first appellant to consider the

representation dated 22.5.2009 referred to above and pass

appropriate orders thereon in accordance with law. As far as the

original applicant (second respondent herein) is concerned, the

transfer order will be deferred till such time. It is made clear that

it will be open to the second respondent herein to submit a

supplementary representation. In case the second respondent

requests for an opportunity for hearing, the first appellant shall

consider that request also, in the peculiar facts and

circumstances of the case.

The writ petition is disposed of as above.

KURIAN JOSEPH, JUDGE.

C.T.RAVIKUMAR, JUDGE.

tgs

KURIAN JOSEPH &

C.T.RAVIKUMAR, JJ.

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W.P.(C) No.24200 of 2009

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J U D G M E N T

Dated 27th August, 2009.