IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 27349 of 2009(S)
1. UNION OF INDIA, REPRESENTED BY THE
... Petitioner
2. THE CHIEF POST MASTER GENERAL,
3. THE POST MASTER GENERAL,
4. THE POST MASTER GENERAL,
Vs
1. B.PADMAKUMAR, S/O.V.BHASKARAN NAIR,
... Respondent
For Petitioner :SRI.S.KRISHNAMOORTHY, CGC
For Respondent :SRI.M.R.HARIRAJ
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice C.T.RAVIKUMAR
Dated :30/11/2009
O R D E R
KURIAN JOSEPH & C.T. RAVIKUMAR, JJ.
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W.P. (C) NO. 27349 OF 2009
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Dated this the 30th day of November, 2009
JUDGMENT
Kurian Joseph, J.
Ext.P2 order passed by the Central Administrative Tribunal,
Ernakulam Bench in O.A. No.267 of 2009 is under challenge in this Writ
Petition, at the instance of the department – respondents. The simple issue
pertains to the transfer of the original applicant/respondent herein.
2. We find that as per Ext.R2 order, the department has granted
transfer to the respondent within the central region itself. According to the
respondent, the same has been done without request. It is further
submitted by the learned counsel for the respondent that inter regional
transfers are generally made on requests and intra regional transfers are
made without any request. Be that as it may, it is submitted that in view
of Ext.R2 intra regional transfer, the respondent has no grievance as of
now. It is also submitted that the respondent intends to apply for transfer
to Thiruvananthapuram during the next general transfer.
W.P.(C) NO. 27349/2009 2
3. The main apprehension of the petitioners is that Ext.P2 order of
transfer would be taken as compliance of the directions of the Tribunal.
There is also an apprehension that Ext.R2 order would stand in the way of
the department effecting transfers in accordance with the transfer norms.
We do not think that there is any basis for such an apprehension. If norms
are there, so long as the norms are not interpreted by any competent
authority to be followed in a particular manner and in a particular case, it
is certainly open to the department to take appropriate action in accordance
with the transfer norms and practice. Therefore, neither Ext.R2 order nor
Ext.P2 order of the Tribunal nor this judgment will stand in the way of the
department considering the case of its employees, at the time of general
transfer, in accordance with the rules, norms and practice.
The Writ Petition is disposed of as above.
(KURIAN JOSEPH)
JUDGE
(C.T. RAVIKUMAR)
JUDGE
sp/
W.P.(C) NO. 27349/2009 3
KURIAN JOSEPH
&
C.T. RAVIKUMAR, JJ.
W.P.(C)NO.27349/2009
JUDGMENT
30th November, 2009
W.P.(C) NO. 27349/2009 4