Kerala High Court
G.Shajikumar vs Indian Council Of Agricultural ... on 31 January, 2026
OP(CAT) No.5 of 2026
1
2026:KER:7906
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE SUSHRUT ARVIND DHARMADHIKARI
&
THE HONOURABLE MR.JUSTICE P. V. BALAKRISHNAN
SATURDAY, THE 31ST DAY OF JANUARY 2026 / 11TH MAGHA, 1947
OP (CAT) NO. 5 OF 2026
AGAINST THE ORDER DATED 01.01.2026 IN OA NO.320 OF 2025 OF
CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONER:
G.SHAJIKUMAR,
AGED 56 YEARS
S/O.LATE GOPINATHAN, T-5 GRADE DRIVER, CENTRAL
TUBER CROPS RESEARCH INSTITUTE (CTCRI)
SREEKARYAM, THIRUVANANTHAPURAM, RESIDING AT
ANJANEYAM, 37A, TEMPLE ROAD, CHITTIZHA,
VATTAPPARA P.O., THIRUVANANTHAPURAM, PIN - 695017
BY ADV SRI.R.RAJASEKHARAN PILLAI
RESPONDENTS:
1 INDIAN COUNCIL OF AGRICULTURAL RESEARCH(ICAR),
REPRESENTED BY ITS SECRETARY, KRISHI BHAVAN, NEW
DELHI, PIN - 110001
2 THE DIRECTOR,
CENTRAL TUBER CROPS RESEARCH INSTITUTE (CTCRI)
SREEKARIYAM, THIRUVANANTHAPURAM, PIN - 695017
3 THE SENIOR ADMINISTRATIVE OFFICER,
CENTRAL TUBER CROPS RESEARCH INSTITUTE (CTCRI)
SREEKARIYAM, THIRUVANANTHAPURAM, PIN - 695017
BY ADV SMT.K.V.BHADRA KUMARI
THIS OP (CAT) HAVING COME UP FOR ADMISSION ON 21.01.2026,
THE COURT ON 31.01.2026 DELIVERED THE FOLLOWING:
OP(CAT) No.5 of 2026
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2026:KER:7906
JUDGMENT
SUSHRUT ARVIND DHARMADHIKARI,J The present Original Petition filed under Article 227 of the Constitution of India assails the order dated 01.01.2026 passed in Original Application No.320/2025 by the Central Administrative Tribunal, Ernakulam Bench, whereby it has been dismissed.
2. The brief facts of the case are that the petitioner is presently working as a Technical Officer (Driver Grade V) in the Central Tuber Crops Research Institute (CTCRI), Sreekariyam, Thiruvananthapuram, which is an institution functioning under the Indian Council of Agricultural Research (ICAR). Vide order dated 25.06.2025 issued by the 3 rd respondent, the petitioner has been transferred from Thriuvananthapuram to ICAR-CTCRI Regional Office at Bhubaneswar, Orissa. Being aggrieved, the petitioner approached the Tribunal by challenging the transfer order on OP(CAT) No.5 of 2026 3 2026:KER:7906 various grounds, however, the learned Tribunal dismissed the Original Application.
3. The learned counsel for the petitioner contended that, the petitioner has been transferred malafidely.
According to him the transfer order was issued without hearing him and without understanding the problems and predicament. The transfer has been effected only with the purpose to accommodate a blue eyed person of the respondents on daily wage in his place. Therefore, he alleges that the order of transfer is arbitrary, biased, discriminatory and unfair. No administrative exigency has been reflected in the order of transfer. The petitioner has large number of personal difficulties in moving out to a distant place in Bhubaneswar from Thiruvananthapuram which is about 2000 Kms away from his home town.
3.1. The learned Counsel for the petitioner further contended that, the petitioner is suffering from Benign OP(CAT) No.5 of 2026 4 2026:KER:7906 Prostatic Hypertrophy (BPH) and surgery was suggested as far as possible. The petitioner is also suffering from severe backbone pain which needs extra treatment of a Neuro Surgeon in Trivandrum Medical College and there is no one in his family to look after his aged and ailing mother who is totally dependent on him. Moreover, the petitioner cannot speak, read and write Oriya, English and Hindi. He only knows Malayalam and therefore, it could be very difficult for the petitioner to communicate at Bhubaneswar and as a consequence, he would not be able to discharge his duties properly. Therefore, the learned Tribunal ought to have allowed the Original Application and quashed the impugned order of transfer. Thus, the Original Petition deserves to be allowed.
4. Per contra, the learned Standing Counsel appearing for the respondents opposed the prayer and submitted that the petitioner, since his original appointment, OP(CAT) No.5 of 2026 5 2026:KER:7906 is continuing at Thiruvananthapuram for the last 23 years. He has not been transferred even once during his entire service career and about 4 years are remaining for his superannuation Due to administrative exigencies, his services are required at Bhubaneswar. The learned counsel for the respondents further contended that, the petitioner is unable to point out any statutory violation or proved malafide so as to justify interference with the transfer order. Therefore, the Original Petition deserves to be dismissed.
5. Heard learned counsel for the parties and perused the record.
6. The transfer is only an incidence of service, and only on the grounds of personal inconvenience or that the tenure has not been completed, cannot be a ground to interfere with. Moreover, it is well settled law that the transfer is an incidence of service. Which employee should be posted where is a matter for the appropriate authority to decide. The OP(CAT) No.5 of 2026 6 2026:KER:7906 Supreme Court, in the case of Namrata Verma v. State of U.P.1, has held that "It is not for the employee to insist on transfer him/her and/or not to transfer him/her to a particular place. It is for the employer to transfer an employee, considering the requirement. Until and unless the transfer is vitiated by mala fide or is made in violation of any statutory provisions, the Court cannot interfere with the order of transfer".
6.1. The Supreme Court while dealing with the scope of judicial review in the matter of transfer, has held that "transfer is an incidence of service and normally should not be interfered with by the Court. If any administrative guidelines regarding transfer of an employee are violated, at best, the same confers the right on the employee to approach the higher authorities for redressal of his grievance".
[See: Union of India v. S.L. Abbas, (1993) 4 SCC 357, State Bank of India v. Anjan Sanyal, (2001) 5 SCC 508, Public Services 1 (2021) SCC ONLINE SC 337 OP(CAT) No.5 of 2026 7 2026:KER:7906 Tribunal Bar Association v. State of U.P., (2003) 4 SCC 104, State of U.P. v. Gobardhan Lal, (2004) 1 SCC 402, R.S. Chaudhary v.
State of M.P., ILR (2007) MP 1329, Government of Andhra Pradesh v. G. Venkata 4 WP. No. 4738/2017 (Braj Kishore Paliwal v. State of M.P.) Ratnam, (2008) 9 SCC 345 and State of Haryana v. Kashmir Singh, (2010) 13 SCC 306].
6.2. A transfer order can be challenged if it violates any statutory provision (not merely guidelines), adversely alters an employee's service conditions, is issued with mala fide intent, or is passed by an incompetent authority.
Personal inconvenience, however, is not a valid ground for interference. None of these grounds are present in the current case.
7. At this stage, we would like to point out that the respondents in the counter affidavit have filed R2(q) which states as under:
"However, once, he has reported to his new place of posting, the competent authority will give due OP(CAT) No.5 of 2026 8 2026:KER:7906 consideration to his transfer back to ICAR-CTCRI, Thiruvananthapuram, subject to alternate arrangements at Regional Station, Bhubaneswar."
We are quite confident that the respondent authorities shall give due consideration to the observations herein above and pass appropriate orders to bring him back to Thiruvananthapuram, in accordance with law, at the earliest.
8. In view of the aforesaid, we do not find any illegality in the impugned order passed by the Tribunal. The Original Petition being devoid of merit and substance is hereby dismissed. All Interlocutory Applications as regards interim matters stand closed.
sd/-
SUSHRUT ARVIND DHARMADHIKARI JUDGE sd/-
P. V. BALAKRISHNAN JUDGE Nsd OP(CAT) No.5 of 2026 9 2026:KER:7906 APPENDIX OF OP (CAT) NO. 5 OF 2026 PETITIONER ANNEXURES Annexure -A-8 TREUE COPY OF THE TRANSFER ORDER VIDE F NO.1-8/2023 ADMN DATED 25.6.2025 ISSUED BY THE 3RD RESPONDENT DIRECTOR ALONG WITH TYPED COPY Annexure -A-1 TRUE COPY OF THE INITIAL APPOINTMENT ORDER VIDE F.NO.35/94-PER DATED 23.3.2002 ISSUED BY THE 2ND RESPONDENT DIRECTOR Annexure -A-2 TRUE COPY OF PROMOTION ORDER VIDE F.NO.19/2005-PER DATED 8.8.20078 ISSUED BY THE 2ND RESPONDENT DIRECTOR ALONG WITH TYPED COPY Annexure A-3 TRUE COPY OF THE MERIT PROMOTION GIVEN AS PER OFFICE ORDER VIDE.F.NO.16-4/2011- TECH DATED 220.3.2012 ISSUED BY THE 3RD RESPONDENT ADMINISTRATIVE OFFICER TO T-3 GRADE ALONG WITH TYPED COPY Annexure -A4 TRUE COPY OF THE OFFICE ORDER VIDE F.NO16-1/2016 ESTT DATED 5.8.2017 ISSUED BY SENIOR ADMINISTRATIVE OFFICER 3RD RESPONDENT Annexure -A-5 TRUE COPY OF THE OFFICE ORDER VIDE F.NO.16-1/2016 -ESTT DATED 24.01.2023 PROMOTING T4- TO T-5 ISSUED BY THE ASSISTANT ADMINISTRATIVE OFFICER (ESTT) Annexure -A-6 TRUE COPY OF THE ORDERD ATED 9.12.2024 PASSED BY THE HONOURABLE JUDICIAL FIRST CLASSS MAGISTRATE COURT-I NEDUMANGAD IN MC NO.41/2023 ALONG WITH TYPED COPY AND ENGLISH TRANSLATION Annexure -A-7 TRUE COPY OF THE MEDICAL CERTIFICATE DATED 4.7.2025 ISSUED BY DR.ARUN PAREETH UROLOGIST PRS HOSPITAL THIRUVANANTHAPURAM ALONG WITH TYPED COPY Annexure -A-9 TRUE COPY OF THE REPRESENTATION DATED 30.6.2025 OF THE APPLICANT SUBMITTED TO THE 2ND RESPONDENT DIRECTOR Annexure -A-10 TRUE COPY OF THE GUIDELINES FOR INTRA INSTITTUIONALL TRANSFER VIDE F.NO.TS-
OP(CAT) No.5 of 2026 10 2026:KER:7906 19/(II)2016-ESTT-IV DATED 6.9.2016 ISSUED BY THE INDIAN COUNCIL OF
AGRICULTURAL REASEARCH NEW DELHI ALONG WITH TYPED COPY Annexure-R2a TRUE COPY OF THE RELEVANT PAGES OF PROCEEDINGS AND PROJECT MILESTONES 2025- 2026 OF THE 51ST ANNUAL INSTITUTE RESEARCH INSTITUTE COUNCIL MEETING Annexure-R2b TRUE COPY OF THE COMMUNICATION ISSUED BY THE NATIONAL BANK FOR AGRICULTURAL AND RURAL DEVELOPMENT DEPARTMENT DATED 27/03/2025 TO THE HEAD REGIONAL CENTRE OF ICAR-CTCRI, ODISHA Annexure-R2c TRUE COPY OF THE RELEVANT PAGES REGARDING SPECIAL PROJECTS INCLUDED IN THE 51ST ANNUAL IRC MEETING Annexure-R2d TRUE COPY OF THE MEMORANDUM CONTAINING THE TERMS AND CONDITIONS DATED 11/3/2002 ISSUED BY THE SECOND RESPONDENT TO THE APPLICANT. ALONG WITH TYPED COPY Annexure-R2e TRUE COPY OF THE COMMUNICATION DATED 20/03/2002 ISSUED BY THE APPLICANT TO THE SECOND RESPONDENT INFORMING THE ACCEPTANCE OF THE TERMS AND CONDITIONS Annexure-R2f TRUE COPY OF THE RELEVANT PAGES OF THE ESTABLISHMENT AND ADMINISTRATIVE MANUAL OF ICAR Annexure-R2g TRUE COPY OF THE RELEVANT PAGES OF THE HANDBOOK ON DELEGATION OF POWERS IN ICAR ALONG WITH TYPED COPY Annexure-R2h ). TRUE COPY OF THE RELEVANT PAGES OF SCHEDULE II OF THE HANDBOOK ON DELEGATIONS OF POWERS IN ICAR Annexure-R2i TRUE COPY OF THE OFFICE MEMORANDUM DATED DECEMBER 8, 2017, ISSUED BY THE UNDER SECRETARY TO THE GOVERNMENT OF INDIA. Annexure -R2j TRUE COPY OF OFFICE ORDER NO. F 28/87 PER DATED JULY 13, 2023, ISSUED BY THE THIRD RESPONDENT.
Annexure -R2k TRUE COPY OF TRANSFER ORDER NO. F NO. 7- 1/2024 - ADMIN. DATED APRIL 30, 2024, ISSUED BY THE THIRD RESPONDENT.
Annexure-R2l TRUE COPY OF THE DETAILS OF USAGE OF OP(CAT) No.5 of 2026 11 2026:KER:7906 ICAR-CTCRI (HQ) VEHICLES FROM APRIL 1, 2023, TO JULY 21, 2025, ISSUED BY THE CONTROLLING OFFICER (VEHICLE), CTCRI, THIRUVANANTHAPURAM Annexure-R2m ANNEX R2(M). TRUE COPY OF THE OFFICE ORDER DATED JANUARY 17, 2025, ISSUED BY THE THIRD RESPONDENT Annexure-R2n TRUE COPY OF THE RELEVANT PAGES OF SCHEDULE VI OF THE HANDBOOK ON POWERS IN ICAR STATING THE POWERS DELEGATED TO THE HEAD OF OFFICE.
Annexure-R2o TRUE COPY OF MEMORANDUM F NO. 3/2002 PER DATED AUGUST 1, 2025 Annexure-R2p TRUE COPY OF THE REPRESENTATION DATED JULY 31, 2025, FILED BY THE APPLICANT BEFORE THE SECOND RESPONDENT, ALONG WITH MEDICAL DOCUMENTS.
Annexure-R2q TRUE COPY OF ORDER F NO. 3/2002 PER DATED AUGUST 7, 2025, ISSUED BY THE THIRD RESPONDENT.
Annexure -A11 TRUE COPY OF MEDICAL CERTIFICATE DATED
26.07.2025 ISSUED BY DR. MANU S.
SREEGOKULAM MEDICAL COLLEGE,
THIRUVANANTHAPURAM
Annexure-A12 TRUE COPY OF REPRESENTATION OF THE
APPLICANT DATED 31.07.2025
Annexure-A13 TRUE COPY OF REPORT DATED 26.07.2025 OF
M/S. HIND LAB
Annexure -A14 TRUE COPY OF MR IMAGING OF LUMBER SPINE
DATED APRIL 22, 2024, ISSUED BY DR. P. MALINI, CONSULTANT RADIOLOGIST.
Annexure-A15 TRUE COPY OF LAB TEST REPORT FROM PRS HOSPITAL THIRUVANANTHAPURAM DATED JULY 4, 2025 Annexure -A16 TRUE COPY OF MR IMAGING OF RIGHT SHOULDER DATED APRIL 22, 2024, ISSUED BY DR. P. MALINI, CONSULTANT RADIOLOGIST Annexure-A17 TRUE COPY OF MEDICAL REPORT FROM M/S. HIND LAB DATED DECEMBER 7, 2024, ISSUED BY DR. SWAPNA M. LENIN JOHN, CONSULTANT RADIOLOGIST Annexure-A18 18 TRUE COPY OF MEDICAL CERTIFICATE DATED JULY 4, 2025, ISSUED BY DR. REMYA, OP(CAT) No.5 of 2026 12 2026:KER:7906 ASSISTANT PROFESSOR, GOVERNMENT AYURVEDA COLLEGE THIRUVANANTHAPURAM Annexure-R2r ORIGINAL OFFICE ORDER ISSUED BY THE DIRECTOR, CTCRI, THIRUVANANTHAPURAM ON 25/06/2025.
Annexure-R2s TRUE COPY OF THE OFFICE ORDER TRANSFERRING OFFICIALS, ISSUED BY THE HON'BLE CHAIRMAN AND SIGNED BY THE DEPUTY REGISTRAR (E) OF CAT, PRINCIPAL BENCH, NEW DELHI ON 26/08/2025 Exhibit -P1 TRUE COPY OF OA NO.320/2205 FILED BY THE PETITIONER BEFORE THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL ERNAKULAM BENCH Exhibit-P2 TRUE COPY OF THE REPLY STATEMENT FILED BY THE RESPONDENTS IN OA NO.320/2025 Exhibit -P3 TRUE COPY OF THE REJOINDER SUBMITTED BY THE PETITIONER IN OA NO.320/2025 BEFORE THE CAT ERNAKULAM BENCH Exhibit-P4 TRUE COPY OF THE ADDITIONAL REPLY FILED BY THE RESPONDENTS IN OA NO.320/2025 BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL ERNAKULAM BENCH Exhibit-P5 ADDITIONAL REJOINDER FILED BY THE APPLICANT IN OA NO.320/2025 BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL ERNAKULAM BENCH Exhibit-P6 TRUE COPY OF THE ORDER DATED 1.1.2026 IN OA NO.320/2025 BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL ERNAKULAM BENCH