IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 18TH JANUARY 2011 / 28TH POUSHA 1932 OP (CAT).No. 209 of 2011(S) --------------------------- OA.507/2010 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONER -------------------- A.P.MATHEW,JUNIOR ACCOUNTS OFFICER, HRMS NO.1983 13684(STAFF NO.181 039) O/O.THE EXECUTIVE ENGINEER, BSNL ELECTRICAL DIVISION, BSNL CENTRE , PO ROAD,THRISSUR 680 001. BY ADV. SRI.S.VISHNU RESPONDENT(S): ------------------------ 1. THE EXECUTIVE ENGINEER,BSNL ELECTRICAL DIVISION, BSNL CENTRE, PO ROAD, THRISSUR, PIN 680 001. 2. THE GENERAL MANAGER(FINANCE), O/O.THE CHIEF GENERAL MANAGER, TELECOM,KERALA CIRCLE,THIRUVANANTHAPURAM PIN 695 005. 3. THE DIRECTOR(FINANCE),BSNL CORPORATE OFFICE, BHARAT SANCHAR BHAVAN, JANAPATH, NEW DELHI-1. 4. THE CHAIRMAN & MANAGING DIRECTOR, CORPORATE OFFICE, BSNL, NEW DELHI STANDING COUNSEL SRI.P.A.AUGUSTINE THIS OP (CAT) HAVING COME UP FOR ADMISSION ON 18/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: dmb A.K.BASHEER & P.Q.BARKATH ALI, JJ. -------------------------------------------------- O.P(CAT) No.209 OF 2011 ----------------------------------------- Dated this the 18th day of January, 2011. J U D G M E N T A.K.BASHEER, J. This Original Petition has been filed challenging the legality and correctness of Ext.P5 order passed by the Central Administrative Tribunal, Ernakulam Bench. 2. The grievance of the petitioner, who has been working as Junior Accounts Officer in the Bharat Sanchar Nigam Limited is that, on his promotion as Accounts Officer, he has been transferred to Gujarat circle, overlooking the transfer norms and also by retaining several of his juniors in the Kerala circle itself. It is further contended by the petitioner that he had served outside Kerala for about three years on an earlier occasion which would entitle him to claim for continuance in the Kerala circle. He further alleged that several of his juniors who had never worked outside Kerala circle were retained in Kerala without any valid reasons. O.P(CAT) No. 209 OF 2011 2 3. The above contentions were considered by the Tribunal. Keeping in view the stand taken by the employer / organisation, the Tribunal found that there was no merit in any of the contentions raised by the petitioner and accordingly all those contentions were repelled. 4. The primary grievance of the petitioner is that his child, who is studying in the 10th standard in a local school at Kalady is scheduled to write her examination during the current academic year and therefore, his transfer outside Kerala would cause great havoc in his family life. The child may find it difficult to concentrate on her studies and it is likely to reflect in her performance in the examination. 5. It is on record that the order of transfer was issued by the respondent in December, 2009. However, the petitioner has continued in the Kerala Circle on the strength of an interim order passed by the Tribunal. The examination of the petitioner's daughter is scheduled to commence in the second week of March. 6. Having regard to the peculiar facts and circumstances of the case, we are of the view that the petitioner can be allowed to continue in the Kerala circle till March 31, 2011. It will be open O.P(CAT) No. 209 OF 2011 3 to the respondents to shift the petitioner from Kerala to Gujarat as ordered already, after March 31, 2011. The Original Petition is disposed of as above. A.K.BASHEER, JUDGE. P.Q.BARKATHALI, JUDGE. dmb