IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 11TH AUGUST 2011 / 20TH SRAVANA 1933 OP (CAT).No. 1925 of 2011(Z) ---------------------------- OA.6/2011 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONER -------------------- K.MOHAN RAJAN, S/O.KRISHNAN, AGED 53 YEARS, DIESEL TECHNICIAN, ALL INDIA RADIO, CALICUT, KERALA, PIN-673032. BY ADV. SRI.P.K.RAMKUMAR SMT.ANITHA MENON RESPONDENTS: --------------- 1. UNION OF INDIA, REP. BY ITS SECRETARY, MINISTRY OF INFORMATION AND BROADCASTING, GOVERNMENT OF INDIA, NEW DELHI-110001. 2. THE DIRECTOR GENERAL, ALL INDIA RADIO, NEW DELHI-110001. 3. THE CHIEF ENGINEER (SZ), ALL INDIA RADIO & TV, SWAMI SIVINANDA SALAI, CHENNAI-600005. THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 11/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.(C.A.T) NO.1925/2011 APPENDIX PETITIONER'S EXTS: EXT.P1: COPY OF THE ORDER PASSED BY THE C.A.T. IN O.A.NO.6/2011 DT.14.6.2011. EXT.P2: COPY OF THE O.A.NO.6/2011 WITH COMPILATIONS 1 &2. EXT.P3: COPY OF THE REPLY STATEMENT FILED IN O.A.NO.6/2011. EXT.P4: COPY OF THE REJOINDER FILED IN O.A.NO.6/2011. //TRUE COPY// PA TO JUDGE C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. ------------------------------------------ O.P.(CAT).No.1925 OF 2011 ------------------------------------------- Dated this the 11th day of August, 2011 J U D G M E N T ~~~~~~~~~~~ C.N.Ramachandran Nair, J. W.P.(C) is filed challenging the order of the C.A.T. upholding the transfer of the petitioner from Kozhikode to Kannur. We notice from the transfer order that it is a mutual transfer made between the persons employed as Diesel Technician in the All India Radio Stations at Kannur and Kozhikode. The person presently working at Kannur and transferred to Kozhkode to take over from petitioner is retiring in August 2012. It is not known whether on the verge of retirement he requested for a transfer to Kozhikode for any reason. If that be so, necessarily, transfer has been given to him as petitioner has already completed more than three years in Kozhikode. The petitioner has not made the substitute appointed in Kozhikode as a party in this W.P.(C). Eventhough this Court has granted stay, he has not entered appearance or opposed the stay. However, the fact that the aggrieved person O.P.(CAT)No.1925/2011 2 has not opposed the stay order issued by this Court does not mean that this Court should allow the stay to continue denying benefit to the other person if he is otherwise eligible. 2. So far as the petitioner's challenge against transfer on the ground that Recruitment Rules do not permit transfer, we do not think the claim is tenable because recruitment was to the post of driver fromwhere the petitioner already got a promotion as Diesel Technician. Transfer is obviously permissible in the promotion post and the petitioner was already transferred on an earlier occasion in the same post. We, therefore, dispose of O.P.(C.A.T) by directing the 3rd respondent to consider whether the transfer is effected on the request by the person at Kannur and if so, to confirm it to the petitioner as well as the person at Kannur so that transfer takes effect immediately on receipt of communication. If transfer is effected, we direct the 3rd respondent to consider reposting of the petitioner at Kozhikode, if there is no claimant for Kozhikode on retirement of the person now posted there from Cannore. However, if other claimants are there claiming the post, posting should be given based on O.P.(CAT)No.1925/2011 3 relative merits of the applicants. Similarly, if no request was made by the person at Kannur for posting at Kozhikode and the impugned cross transfer was effected only as part of disciplinary proceedings against petitioner it is for the 3rd respondent to consider whether such transfer is required, partilcuary, because the same may cause unnecessary disturbance to the person at Kannur, who had only less than one year to retire from service. O.P.(C.A.T) is disposed of as above. (C.N.RAMACHANDRAN NAIR, JUDGE) ( P.S.GOPINATHAN, JUDGE) ps/12/8