IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 24TH SEPTEMBER 2008 / 2ND ASWINA 1930 WP(C).No. 7189 of 2008(S) ------------------------- OA.587/2007 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONERS: --------------- 1. UNION OF INDIA, REPRESENTED BY THE FOREIGN SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI. 2. THE CHIEF PASSPORT OFFICER & JOINT SECRETARY (CPV), MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI. 3. THE ADMINISTRATIVE OFFICER (PV.IV) MINISTRY OF EXTERNAL AFFAIRS, (CPV DIVISION), NEW DELHI. BY ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR GENERAL OF INDIA RESPONDENT: --------------- K.SUSEELA DEVI, W/O.LATE B.MOHANDAS, ASSISTANT, REGIONAL PASSPORT OFFICE, KOCHI. RESIDING AT BALA VIHAR, EAST KADUNGALLOOR ALUVA-2. ADV. SRI.M.A.SHAFIK THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/09/2008, ALONG WITH W.P.(C)NO.7146/08 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.7189/08 PETITIONERS' EXTS: EXT.P1: TRUE COPY OF O.A.NO.587/07 ALONG WITH ITS ANNEXURES. EXT.P2: TRUE COPY OF THE REPLY STATEMENT FILED BY THE PETITIONERS BEFORE THE TRIBUNAL. EXT.P3: TRUE COPY OF THE REJOINDER. EXT.P4: TRUE COPY OF THE ORDER DATED 5.11.07 IN OA.NO.587/07 PASSED BY THE CAT, ERNAKULAM BENCH. TRUE COPY K. BALAKRISHNAN NAIR & M.C. HARI RANI,JJ ============================== W.P.(C)NOS. 7146 & 7189 OF 2008 ============================ DATED THIS THE 24TH SEPTEMBER 2008 JUDGMENT Balakrishnan Nair,J. W.P.(C)NO. 7189/2008 The petitioners are the respondents in O.A.No.587/2007. The respondent was the applicant in that O.A. The respondent herein was transferred from Cochin to Bangalore. The said transfer was impugned before the Central Administrative Tribunal. The Central Administrative Tribunal directed to consider the prayer of the applicant for retention of her in Kerala. It was further ordered that pending consideration of that representation, she shall be retained in the present station. Aggrieved by the said order, this writ petition is filed. The petitioners cannot be aggrieved by a direction of the Tribunal to consider the grievance of the employee regarding transfer. But, it is submitted that the direction to retain the respondent/applicant till the representation is disposed of is contrary to law and they are aggrieved by that. But the petitioners have now considered the claim of the respondent/applicant and she has been transferred to Malappuram in WPC.7146 & 7189/2008 -2- May 2008. Therefore, the above grievance no longer survives and the writ petition has become infructuous. 2. The learned counsel representing the Assistant Solicitor General submits that this Court may decide the point whether the Tribunal can ask the appointing authority to retain an incumbent in the existing station pending consideration of his grievance against the transfer. We think it is a matter which will depend upon the facts of each case. In appropriate cases, the Tribunal will be justified in issuing such directions. In the result, the writ petition fails and it is dismissed. W.P.(C)NO. 7146/2008 The point raised by the petitioners herein is identical to the point raised in the above case. In view of the above judgment, this writ petition is also dismissed. K. BALAKRISHNAN NAIR, JUDGE M.C. HARI RANI JUDGE ks.