IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 18TH FEBRUARY 2010 / 29TH MAGHA 1931 WP(C).No. 4551 of 2010(S) -------------------------------------- OA.643/2009 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONER(S): ------------------------- DASAN P.A, AGED 45, S/O.ACHUTHAN P.G, TAX ASSISTANT, O/O.CDR, CESTAT, FKCCI BUILDING COMPLEX, K.C.ROAD, BANGLORE, RESIDING, AT K-1 CENTRAL EXCISE AND CUSTOMS QUARTERS, MADIVALA, BANGLORE. BY ADVS. MR.U.BALAGANGADHARAN BY MR.G.SREEKUMAR (CHELUR) SMT.PREETHY KARUNAKARAN MR.K.RAVI (PARIYARATH) RESPONDENT(S): ------------------------ 1. JOJU M.MAMPILLY, WORKING AS INSPECTOR OF CENTRAL EXCISE, OFFICE OF THE COMMISSIONER OF CENTRAL EXCISE, CENTRAL REVENUE BUILDING, I S PRESS ROAD, KOCHI-18, RESIDING AT MAMPILLY HOUSE, PANOKKARAN ROAD, KANIMANGALAM PO, THRISSUR. 2. K.SREEVALLABHA SENAN, WORKING AS INSPECTOR OF CENTRAL EXCISE, OFFICE OF THE SUPERINTENDENT OF CENTRAL EXCISE, SERVICE TAX C RANGE, CENTRAL EXCISE BHAVAN, KATHRIKADAVU, KALOOR, KOCHI-17, RESIDING AT "SREEVALSAM", PULINAKKAL, VELOOR PO, KOTTAYAAM-3. 3. UNION OF INDIA, REP.BY ITS SECRETARY, DEPARTMENT OF REVENUE, NORTH BLOCK, NEW DELHI-1. 4. THE CHAIRMAN, CENTRAL BOARD OF EXCISE AND CUSTOMS, NORTH BLOCK, NEW DELHI-1. 5. THE CHIEF COMMISSIONER OF CENTRAL EXCISE AND CUSTOMS, CENTRAL REVENUE BUILDING, I S PRESS ROAD, KOCHI-18. R3 BY MR.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDIA R4 & R5 BY ADV. MR.THOMAS MATHEW NELLIMOOTTIL,SC,CB EXCISE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN & P.S.GOPINATHAN, JJ. = = = = = = = = = = = = = = WP(C).No.4551 of 2010-S. = = = = = = = = = = = = = = Dated this the 18th day of February, 2010. J U D G M E N T Thottathil B.Radhakrishnan, J. The Tax Assistants and the Inspectors of the Central Excise Department have a litigation pending before the Central Administrative Tribunal, Ernakulam Bench as OA.No.643/2009. In that, the Tribunal has granted an interim order of stay on 13.10.2005. The writ petitioner, a fresh recruit, wanted inter commissionerate transfer without loosing the benefit of seniority. He accordingly wanted the interim order granted by the Tribunal to be modified to permit the petitioner to work in Cochin/Thrissur office under the Cochin Commissionerates. The Tribunal thought it fit not to grant such modification. The Tribunal felt that such meddling of status obtained from the interim order granted earlier, would create various complications and if ultimately the OA is allowed, the writ petitioner may have to be reverted WP(C).No.4551 of 2010-S. -: 2 :- to Bangalore, if his present request is granted. Obviously, such consideration should override the personal prospects of government servants. There is no illegality in that. We, however, make it clear that having regard to the situation, it will be open to the petitioner to move the Tribunal with a request for early hearing of the main matter and the Tribunal would consider such a request sympathetically, since the petitioner says that his request for transfer from Bangalore Commissionerate to Cochin Commissionerate is not even considered on account of the stay order that he sought to vacate. Subject to that, the writ petition is dismissed. THOTTATHIL B.RADHAKRISHNAN (JUDGE) P.S.GOPINATHAN (JUDGE) Kvs/-