IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 18TH OCTOBER 2011 / 26TH ASWINA 1933 OP (CAT).No. 3313 of 2011(Z) ---------------------------- OA.773/2011 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH DATED 29/09/2011 .................... PETITIONERS/RESPONDENTS 1 TO 3: ------------------------------------------ 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI-110 001. 2. THE JOINT SECRETARY (PSP) AND CHIEF PASSPORT OFFICER, MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI-110 001. 3. THE PASSPORT OFFICER, PASSPORT OFFICE, ERANHIPALAM (PO), KOZHIKODE. BY ADV. SRI.P.PARAMESWARAN NAIR,ASG OF INDIA RESPONDENTS/APPLICANT & 4TH RESPONDENT: ----------------------------------------------------- 1. V.A.RAGHU PRASAD, PASSPORT GRANTING OFFICER, PASSPORT OFFICE, ERANHIPALAM, KOZHIKODE, PIN-673 006. 2. ANIAMMA MANI, PASSPORT GRANTING OFFICER, REGIONAL PASSPORT OFFICE, ERNAKULAM, KOCHI-682 036. BY ADV. SRI.P. RAMAKRISHNAN. THIS OP (CAT) HAVING COME UP FOR ADMISSION ON 18/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP (CAT).No. 3313 of 2011(Z) APPENDIX PETITIONERS' EXHIBITS: EXT.P1 : TRUE COPY OF ORIGINAL APPLICATION NO.773 OF 2011 ALONG WITH ITS ANNEXURES FILED BY THE 1ST RESPONDENT BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH DATED 29.08.2011. EXT.P2 : TRUE COPY OF THE REPLY STATEMENT FILED BY THE PETITIONERS IN O.A.No.773 OF 2011 BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH DATED 23.09.2011. EXT.P3 : TRUE COPY OF THE ORDER PASSED BY THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH IN O.A. NO.773 OF 2011 DATED 29.09.2011. /TRUE COPY/ PA TO JUDGE C.N.RAMACHANDRAN NAIR, Ag. CJ. & P.S.GOPINATHAN, J ---------------------------------------------- O.P(CAT).No. 3313 of 2011 ---------------------------------------------- Dated this the 18th day of October, 2011 JUDGMENT Ramachandran Nair, Ag.CJ. The Original Petition is filed against the interim order passed by the Central Administrative Tribunal directing the petitioners to transfer the first respondent from Kozhikode to Kochi within two weeks. 2. We have heard the Assistant Solicitor General of Indiafor the petitioners and the counsel, who took notice for the first respondent. 3. After hearing both sides and after going through the orders under challenge, we find that the Central Administrative Tribunal ordered transfer of the first respondent from Kozhikode to Kochi, because he competed his normal tenure in Kozhikode and he is left with one year service as on the date of filing of the application and as of now, only four months left to retire from service. The first respondent is having 90 years old mother and OP(CAT).3313/11 2 on compassionate ground, the Tribunal ordered transfer forthwith, that too, on completion of his tenure at Kozhikode. 4. The only contention of the petitioners is that there is no substitute available for the first respondent. We are not impressed with this argument, because in the place of a person retiring from service within four months, it is the duty of the petitioners by now to find out a substitute. 5. It is stated that the second respondent, who is working at Kochi, has expressed her willingness to take over the post at Kozhikode on transfer of the first respondent. Since we are not considering the claim of the second respondent, we do not want to pass any orders on the merit on her claim. It is open to the petitioners to consider it. We dispose of the Original Petition upholding the interim order of the Central Administrative Tribunal, but by granting two weeks time from today to release the first respondent from Kozhikode and to allow him to join at Kochi. C.N.RAMACHANDRAN NAIR, ACTING CHIEF JUSTICE P.S.GOPINATHAN, JUDGE vgs