IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 11TH JULY 2011 / 20TH ASHADHA 1933 OP (CAT).No. 1994 of 2011(Z) ---------------------------- OA.702/2010 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONER ------------------------------ K.R.INDIRA, PROGRAMME EXECUTIVE, ALL INDIA RADIO, THRISSUR. BY ADV. SRI.VINOD VALLIKAPPAN SMT.S.SUMITHA RESPONDENTS: --------------- 1. UNION OF INDIA, MINISTRY OF INFORMATION AND BOARD CASTING, GOVERNMENT OF INDIA, NEW DELHI - 110 001. 2. DIRECTOR GENERAL, ALL INDIA RADIO, AKASHAVANI BHAVAN, PARLIAMENT STREET, NEW DELHI - 110 006. 3. DEPUTY DIRECTOR GENERAL (SOUTHERN REGION II) ALL INDIA RADIO, RAJ BHAVAN ROAD, BANGALORE - 560 002. 4. STATION ENGINEER, ALL INDIA RADIO, THRISSUR - 680 001. ADV. SRI.P.PARAMESWARAN NAIR,ASG OF INDIA FOR R1-4 THIS OP (CAT) HAVING COME UP FOR ADMISSION ON 11/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF TRANSFER ORDER DT.4.8.2010. P2: TRUE COPY OF COMPLAINT BY THE PETITIONER DT.31.8.2009. P3: TRUE COPY OF COMPLAINT BY THE PTEITIONER DT.7.1.2010. P4: TRUE COPY OF REPLY FROM THE DEPARTMENT REGARDING THE QUERY UNDER RTI ACT ON THE CONFIDENTIAL REPORT OF PETITIONER. P5: TRUE COPY OF OFFICE MEMORANDUM DT.12.6.1997 REGARDING TRANSFER OF EMPLOYEES. P6: TRUE COPY OF OFFICE MEMORANDUM DT.30.9.2009 REGARDING TRANSFER OF EMPLOYEES. P7: TRUE COPY OF GUIDELINES FOR TRANSFER DT.21.5.2010. P8: TRUE COPY OF COMMUNICAITON FROM PRASAR BHARATHI REGARDING ALLOCATION OF WORK AMONG PROGRAM EXECUTIVES. P9: TRUE COPY OF OA NO.702/2010 FILED BEFORE THE HON'BLE CAT, ERNAKULAM BENCH ALONG WITH ANNEXURE. P10: TRUE COPY OF REPLY AFFIDAVIT FILED BY THE RESPONDENTS IN O.A.702/2010 ALONG WITH ANNEXURE. P11: TRUE COPY OF REJOINDER FILED BY THE PETITIONER TO THE REPLY AFFIDAVIT. P12: TRUE COPY OF TOUR ORDER DT.25.8.2009 ISSUED TO DR.B.C.SADAR WHO WAS THE INQUIRY OFFICER OBTAINED UNDER THE RIGHT TO INFORMATION ACT. P13: TRUE COPY OF JUDGMENT IN O.A.702/2010 DT.16.6.2011. P14: TRUE COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER TO R2 REQUESTING A TRANSFER TO AIR KOCHI. TRUE COPY P.S. TO JUDGE C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. .................................................................... O.P.(CAT) No.1994 of 2011 .................................................................... Dated this the 11th day of July, 2011. JUDGMENT Ramachandran Nair, J. The O.P. is filed challenging the order of the CAT declining to interfere with petitioner's transfer to Mysore. Even though we do not find any ground to interfere with the transfer made in the case of the petitioner who has already served more than three years in Trichur wherefrom she is transferred, we notice that many people are allowed to continue in the same station for long periods. Further, considering the fact that the petitioner is a divorcee with her child studying in Kerala, we requested the Assistant Solicitor General to find out whether petitioner can be accommodated in any other Radio Stations in Kerala. However, he has pointed out that as of now there is no post for the Programme Executive or equivalent to it in any Station in Kerala. Counsel for the petitioner submitted that equivalent posts are available in Kozhikode, Kochi and Trivandrum. However, we do not think there is any scope for us to verify whether the posts really exist or whether 2 those posts have to be filled up at all. In any case recording the submission of the Assistant Solicitor General that no posts are available in any Radio Stations in Kerala we dispose of the O.P. with direction to the respondents to accommodate the petitioner in the next arising vacancy in any other Radio Station in Kerala. C.N.RAMACHANDRAN NAIR Judge P.S.GOPINATHAN Judge pms