IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 30TH NOVEMBER 2009 / 9TH AGRAHAYANA 1931 WP(C).No. 27349 of 2009(S) -------------------------- OA.267/2009 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONER(S)/RESPONDENTS: --------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT OF INDIA, DEPARTMENT OF POSTS, NEW DELHI. 2. THE CHIEF POST MASTER GENERAL, KERALA CIRCLE, THIRUVANANTHAPURAM. 3. THE POST MASTER GENERAL, CENTRAL REGION, ERNAKULAM. 4. THE POST MASTER GENERAL, HQ REGION, TRIVANDRUM. BY ADV. SRI.S.KRISHNAMOORTHY, CGC RESPONDENT(S)/APPLICANT: --------------- B.PADMAKUMAR, S/O.V.BHASKARAN NAIR, ASSISTANT SUPERINTENDENT OF POST OFFICES, ERNAKULAM SUB DIVISION, ERNAKULAM, RESIDING AT FLAT NO.2 F, FRIENDS AVENUE, KUMARANASAN ROAD, KADAVANTHRA, KOCHI-19. ADVS. SRI.M.R.HARIRAJ FOR R SRI.P.A.KUMARAN FOR R SRI.SURAJ.S FOR R SMT.VINEETHA B. FOR R SRI.NIRMAL V NAIR FOR R THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.P. (C) NO. 27349 OF 2009 --------------------------------------------- Dated this the 30th day of November, 2009 JUDGMENT Kurian Joseph, J. Ext.P2 order passed by the Central Administrative Tribunal, Ernakulam Bench in O.A. No.267 of 2009 is under challenge in this Writ Petition, at the instance of the department - respondents. The simple issue pertains to the transfer of the original applicant/respondent herein. 2. We find that as per Ext.R2 order, the department has granted transfer to the respondent within the central region itself. According to the respondent, the same has been done without request. It is further submitted by the learned counsel for the respondent that inter regional transfers are generally made on requests and intra regional transfers are made without any request. Be that as it may, it is submitted that in view of Ext.R2 intra regional transfer, the respondent has no grievance as of now. It is also submitted that the respondent intends to apply for transfer to Thiruvananthapuram during the next general transfer. W.P.(C) NO. 27349/2009 2 3. The main apprehension of the petitioners is that Ext.P2 order of transfer would be taken as compliance of the directions of the Tribunal. There is also an apprehension that Ext.R2 order would stand in the way of the department effecting transfers in accordance with the transfer norms. We do not think that there is any basis for such an apprehension. If norms are there, so long as the norms are not interpreted by any competent authority to be followed in a particular manner and in a particular case, it is certainly open to the department to take appropriate action in accordance with the transfer norms and practice. Therefore, neither Ext.R2 order nor Ext.P2 order of the Tribunal nor this judgment will stand in the way of the department considering the case of its employees, at the time of general transfer, in accordance with the rules, norms and practice. The Writ Petition is disposed of as above. (KURIAN JOSEPH) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.P.(C) NO. 27349/2009 3 KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. W.P.(C)NO.27349/2009 JUDGMENT 30th November, 2009 W.P.(C) NO. 27349/2009 4