IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 29TH MAY 2008 / 8TH JYAISHTA 1930 WP(C).No. 15724 of 2008(S) -------------------------- PETITIONER: ------------ V.S.RAJKUMAR, CHOWKIDAR, GROUP-D (NON- TEST CATEGORY), GPO, THIRUVANANTHAPURAM. BY ADV. SRI.G.SASIDHARAN CHEMPAZHANTHIYIL RESPONDENTS: ------------- 1. THE SENIOR POSTMASTER, THIRUVANANTHAPURAM GPO, THIRUVANANTHAPURAM-1. 2. THE SENIOR SUPERINTENDENT OF POST OFFICERS, THIRUVANANTHAPURAM NORTH DIVISION, THIRUVANANTHAPURAM-1. 3. UNION OF INDIA, REPRESENTED BY CHIEF POST MASTER GENERAL, KERALA CIRCLE, THIRUVANANTHAPURAM. BY ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & M.C. HARI RANI,JJ ============================== W.P.(C)NO. 15724 OF 2008 ============================ DATED THIS THE 29TH DAY OF MAY 2008 JUDGMENT Balakrishnan Nair,J. The writ petitioner was the applicant in O.A.No.572/2007. The said O.A. was filed by challenging Annexure A1 memo dated 12-9-1997 transferring him from Thiruvananthapuram General Post Office to Chirayinkeezhu post office. Going by Annexure A1, the applicant is a temporary status Group 'D' employee, but the petitioner submits that he is a regularised employee. He challenged the transfer on various grounds. Though initially there was an interim order in favour of the petitioner, the Tribunal heard the matter after the pleadings were completed and finally dismissed the O.A. by Ext.P9 order. This writ petition is filed by challenging Ext.P9. The Central Administrative Tribunal or this Court cannot interfere with the transfer order, unless it is vitiated by mala fide or is issued in violation of any statutory provision. The Tribunal found that no ground has been made out for interfering with the transfer order. But the learned counsel for the petitioner submits that the petitioner has preferred Ext.P4 representation against the transfer before the Chief Post Master General, Kerala WPC 15724/2008 -2- Circle, Thiruvananthapuram. He is entitled to have his representation fairly considered, it is submitted. 2. We heard learned counsel appearing for the respondents on this point. 3. Having regard to the facts of the case, the Chief Post Master General, Kerala Circle, Thiruvananthapuram is directed to consider and pass orders on Ext.P4 in accordance with law, if the same is received and pending without disposal, within one month from the date of production of a copy of this judgment. It is made clear that the said officer need not feel fettered by the observations made by the Tribunal regarding the transfer contained in Ext.P9. The Tribunal considered the matter to find out whether it is justified in interfering with the transfer under the provisions of the Administrative Tribunals Act. But the Chief Post Master General while considering Ext.P4 representation can look into the merits of the case based on the contentions of the petitioner. With the above direction, this writ petition is disposed of. Sd/- K. BALAKRISHNAN NAIR, JUDGE Sd/- M.C. HARI RANI JUDGE ks. TRUE COPY P.S. TO JUDGE