Central Administrative Tribunal - Ernakulam
Niumathulla A K vs Ut Of Lakshadweep on 19 June, 2024
CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH
O.A.No.181/00491/2023
Wednesday, this the 19th day of June, 2024
CORAM:
HON'BLE Mr. JUSTICE K. HARIPAL, JUDICIAL MEMBER
Niumathulla A K, S/o Abdulkader, Aged 49 years
Co-Operative Inspector, (And also Secretary
Lakshadweep Co-operative Marketing Federation)
Office of the Administrative Officer, Lakshadweep Office
Willingdon Island, Kochi, Residing at: Lakshadweep
Residential Complex, Qrs. No. 8 Panampilly Nagar,
Kochi - 682 036. - Applicant
[By Advocates: Sri.T.C.Govindaswamy, Smt.Kala T Gopi,
Sri.Kailesh T Gopi, Smt.Nishitha Balachandran,
Sri.Sudhir Kumar B, Smt.Shahanaz Salim]
Versus
1. The Administrator, U.T. of Lakshadweep,
Kavaratti-PIN: 682 555.
2. The Advisor to the Administrator, U.T. of Lakshadweep,
Kavaratti - PIN:682 555
3. The Registrar of Co-Operative Societies, Department of
Co-operation, U.T. of Lakshadweep, Kavaratti-PIN: 682 555.
4. The Administrative Officer, The Office of the Administrative
Officer, Lakshadweep Office, Willingdon Island, Kochi 682 003
- Respondents
[By Advocate: Smt.Sreekala K.L., SPC]
The application having been heard on 10.06.2024 the Tribunal on
19.06.2024 passed the following:
O.A.No.491/2023 2
ORDER
Applicant challenges an office order issued by the Registrar of Co- operative Societies, whereunder, he along with seven others, who were borne in the Department of Co-operation deployed in various other departments, are redeployed to the Department of Co-operation, Kavaratti. Accordingly, the applicant attached to the Department of Education in Kochi now stands redeployed to the Department of Co- operation, Kavaratti. Aggrieved by the order of transfer, the applicant has approached this Tribunal seeking to quash Annexure-A1 and for directing the respondents to allow him to continue at the present office.
2. Applicant is a Co-operative Inspector who commenced service on 21.10.2005. He has nearly 19 years of service in various islands like Amini, Bitra, Kadmath, Kalpeni, Agatti and other centres in mainland - Mangalore, Beypore and Kochi. On the termination of the terms of deputation as Secretary, Lakshadweep Co-operative Marketing Federation, LCMF for short, he was repatriated to the parent department and then attached to the Administrative Office, Kochi by Annexure-A2 O.A.No.491/2023 3 order dated 10.06.2022. He was put in charge of Secretary, LCMF and also asked to assist the Administrative Officer as well as the Education Officer, Kochi. While so, by Annexure-A5 order dated 28.02.2023, he was transferred to Kavaratti with immediate effect. That was done within eight months from the date of his posting in Kochi. Challenging that order, he moved this Tribunal with O.A.102/2023. By Annexure-A7 order dated 03.08.2023, the O.A. was allowed and transfer of the applicant to Kavaratti was struck down. Later, under Annexure-A1 he has again been transferred, which is the subject matter of challenge in this O.A.
3. The applicant says that Annexure-A1 is only a camouflage for flouting the orders of this Tribunal. There are numerous other Assistant Registrars and Co-operative Inspectors still working in different departments. Annexure-A1 is not issued in any public interest nor in administrative exigencies or requirements. It is issued without authority of law, in an arbitrary manner, in illegal exercise of power. He has been transferred premature, before expiry of the tenure. The transfer is effected in the middle of the academic year. His children are studying in O.A.No.491/2023 4 Kochi. If Annexure-A1 is given effect to, that would affect their studies. Such a premature transfer has been made without the approval of the Administrator. Moreover, the matter has not been considered by the placement committee as stipulated by the Hon'ble Apex Court.
4. At the time of admitting the O.A., by interim order dated 19.10.2023, the respondents were directed to permit the applicant to continue in the present post. That order continues.
5. The respondents have denied the contentions. According to them, Annexure-A1 has been issued in implementation of the policy decision of the Central Government for strengthening the Co-operative movement and to implement various schemes/plans of the Union Territory. Applicant is only one of the eight employees, who were called back. Further, it is submitted that the posting of the applicant in Kochi was not a transfer, but only a temporary arrangement when he was repatriated from the charge of Secretary, LCMF, Beypore, on the expiry of period of deputation. It was only a work arrangement. Referring to his official profile, it is submitted that major part of his tenure had been in O.A.No.491/2023 5 mainland, either in Mangalore, or in Beypore or in Kochi. On number of occasions, posting in mainland was given on his request. He was working in the LCMF for the last five years, which is the maximum period one could be posted on deputation. Annexure-A1 is not a transfer order. He is an experienced Group-C employee, whose service in Kavaratti is ineluctable. Referring to various authorities on the subject, it is submitted that applicant is not entitled to get any relief.
6. The applicant filed a rejoinder reiterating his contentions in the Original Application.
7. I heard Sri.T.C.Govindaswamy, learned counsel for the applicant and Smt.K.L. Sreekala, learned Standing Counsel for the respondents.
8. The official profile of the applicant is not in dispute. He is a Co-operative Inspector started official career in Amini on 21.10.2005. Thereafter he had worked in Bitra, Kadmat and then posted as Assistant Secretary LCMF in Mangalore from March 2012. Then he was transferred to Kalpeni and then to Agatti. After his posting in Agatti, he was O.A.No.491/2023 6 transferred to Mangalore on request and from 31.05.2018 onwards he was working in Beypore as Assistant Secretary and then as Secretary of the LCMF. On completion of five years deputation in LCMF, by Annexure- A2, he was repatriated as Co-operative Inspector. However, he was attached to the Office of the Administrative Officer, Kochi and was put in charge of Secretary of LCMF, until further orders. He was also asked to assist the Administrative Officer and the Education Officer, Kochi in implementation of works relating to the UTL Administration/Department.
9. It is also the admitted case that he was allotted a Type-IV quarters, when his eligibility is only Type-III. Two of his girl children are studying in Kochi.
10. Annexure-A5 transfer order was passed within eight months of Annexure-A2, which was quashed by this Tribunal in Annexure-A7 order. Thereafter Annexure-A1 was passed, this time, under the guise of recalling Assistant Registrars and Inspectors for strengthening the Co- operative movement, a policy decision of the Union Government.
11. The respondents have disputed the contentions of the O.A.No.491/2023 7 applicant on the premise that Annexure-A1 is not a transfer order, but only an order redeploying the functionaries of the Department of Co- operation from other departments back to the parent department, as part of implementation of various schemes under the Hon'ble Prime Minister's vision 'Sahakar-se Samriddhi'. The applicant has challenged this version.
12. It may be true that a policy decision was taken by the respondents for re-deploying functionaries of he Department of co- operation from other departments but including the name of the applicant in Annexure-A1 in the backdrop of an earlier round of litigation is capable of raising many eye brows. It is the specific case of the applicant that numerous other Assistant Registrars and Inspectors of the Department of Co-operation are still continuing other departments on deputation or work arrangement. That has not been disputed. Secondly, in Annexure-A7 this Tribunal had taken exception to Annexure-A5 order of transfer. Within no time, another order in the form of Annexure-A1 has been passed displacing the applicant from Kochi to Kavaratti. O.A.No.491/2023 8
13. In no stretch of imagination it could be thought that it is not an order of transfer. As rightly pointed out by the learned counsel for the applicant, whether in the name of repatriation, redeployment or shifting, a transfer is a transfer. Annexure-A1 has all the trappings of a transfer. Even if an officer is shifted from one chair to an adjacent chair in the same office, that cannot but be a transfer, whatever description one attaches.
14. Here, the applicant had come to Kochi only by virtue of Annexure-A2 order dated 10.06.2022. This Tribunal has already held that his premature transfer before completion of tenure of two years is bad. Such an order did not have the approval of the Administrator, as provided in Annexure-A4 circular guiding the subject. Then came the Annexure- A1. Consequent to Annexure-A1, he will have to shift his residence from Kochi to Kavaratti. All the consequences like changing the schools of the children etc. will have to take effect. The grounds upheld by this Tribunal in Annexure-A7 still hold good. Therefore, even accepting that Annexure- A1 was issued for strengthening the Co-operative movement, the O.A.No.491/2023 9 applicant has to suffer all the ill-effects of a transfer. Such an order cannot be approved. Therefore, Annexure-A1 is quashed to the extent of transferring the applicant from Kochi to Kavaratti before the expiry of his tenure.
15. However, it is made clear that this order will not stand on the way of transferring the applicant since by efflux of time he has completed two years tenure in Kochi.
The Original Application is disposed of as above.
(Dated this the 19th June, 2024) JUSTICE K. HARIPAL JUDICIAL MEMBER ds O.A.No.491/2023 10 List of Annexures Annexure-A1: A true copy of the Office Order bearing No.25/12/2022- Coop/354 dated 16.10.2023, issued by the 3rd respondent.
Annexure-A2: A true copy of the Office Order bearing F No. 25/12/ 2022-Coop/394 dated 10.06.2022 issued by the third respondent.
Annexure-A3: A true copy of the representation submitted by the applicant addressed to the third respondent dated 01.03.2023.
Annexure-A4: A true copy of the transfer policy, as circulated under bearing No.12/03/2012-Services dated 07.03.2012, issued by the Lakshadweep Administration.
Annexure-A5: A true copy of the order bearing No. 25/12/2022 Coop/69 dated 28.02.2023, issued by the 3rd respondent Annexure A6: True copy of the DoP&T Office Memorandum No.11013/10/2013-Estt. A dated 2nd July 2015.
Annexure-A7: A true copy of the order of this Hon'ble Tribunal in OA No. 102 of 2023, dated 03.08.2023.
Annexure-A8: A true copy of the representation 16.10.2023 addressed to the third respondent.
Annexure-A9: A true copy of the representation dated 16.10.2023, addressed to the third respondent.
O.A.No.491/2023 11Annexure-A10: A true copy of the letter of appreciation dated 24.11.2023, issued by the Special Secretary/ Administrative Officer, UT of Lakshadweep.
Annexure-A11: A true copy of the order bearing F.No.65/103/2021- Edn(HE) dated 27.06.2022, issued by the Director of Education.
Annexure-A12: A true copy of order bearing F.No.65/90/2021-EDN-HE dated 02.12.2022, issued by the Directorate of Education.
Annexure-R1(a): True Copy of Bye-law Annexure-R1(b): True Copy of Office Order F.No.1/19/2022-Genl.II./503 dated 30.06.2022 Annexure-R1(c): True Copy of attendance sheet Annexure-R1(d): True Copy of Order F.No.4/3/2021-FCS/320 dated 26.04.2021 ************