Central Administrative Tribunal - Ernakulam
P.K Sajila Kumari vs The Chief Post Master General on 2 August, 2012
CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH
Original Application No.630 of 2012
Thursday, this the 02nd day of August, 2012
CORAM:
HON'BLE Dr.K.B.S RAJAN, JUDICIAL MEMBER
P.K Sajila Kumari
W/o.N Vijayakumar
Working as Asst. Postmaster (A/cs)
Trivandrum GPO
Residing at Visakh, East Kallada
Kollam - Applicant
(By Advocate - Mr.P.R Padmanabhan Nair)
Versus
1. The Chief Post Master General
Kerala Circle
Thiruvananthapuram - 695 001
2. The Asst. Post Master General (Staff)
Office of the Chief Post Master General
Kerala Circle
Thiruvananthapuram - 695 033
3. Senior Superintendent of Post Offices
Thiruvananthapuram North Division
Thiruvananthapuram - 695 001
4. Smt.K.J Dolima
A.P.M (Accounts)
Taliparamba H.P.O
Kannur - 670 141 - Respondents
(By Advocate - Mr.Sunil Jacob Jose, SCGSC)
The application having been heard on 02.08.2012, the Tribunal on the
same day delivered the following:
O R D E R
HON'BLE Dr.K.B.S RAJAN, JUDICIAL MEMBER
1. The applicant is aggrieved by her transfer to Attingal H.P.O from Trivandrum GPO. Vide order dated 23.07.12, status quo was directed to be maintained. It is stated that presently the applicant is on leave.
2. Briefly stated, when the applicant made an application in May 2012 for her posting either to Kollam or extension of her tenure at Trivandrum for one year, the same was acceded to by Annexure A-5 order dated 09.07.12, allowing her to continue at Trivandrum GPO. The transfer order has been issued for other individuals on 28.06.12 (the same has also been referred to in letter dated 09.07.12). However, by impugned Annexure A-1 order 13.07.12, the applicant stands transferred to Attingal Head Office with reference to the earlier order of 28.06.12 and in her place one Smt.K.J Dolima stands transferred. It has been stated that the said Smt.K.J Dolima has also joined at her place.
3. The counsel for the applicant submits that a conscious decision was taken by the respondents in allowing her to continue at Trivandrum GPO vide Annexure A-5 order. Thereafter, steps have been taken by the applicant for her continuance at Trivandrum. However, without any reference to the said order dated 9.07.12, transfer order dated 13.07.12 has been passed, posting the applicant at Attingal Head Office. It is not exactly known whether the fact of the issue of order dated 09.07.12, has been taken into account while passing the order dated 13.07.12. The counsel for the applicant therefore submit that this transfer order is vitiated.
4. The counsel for the respondents read out the instructions received by him indicating the details of various transfers and the reasons as to why Smt Dolima has to be transferred to Trivandrum. He has also stated that application of the applicant for transfer to Kollam is still pending.
5. Arguments were heard in regard to interim relief. Apparently there seems to be no link between order dated 09.07.2012 whereby the applicant's request for retention at Trivandrum has been acceded to (in the wake of which, arrangements are stated to have been made by the applicant for her continuance at Trivandrum ) and order dated 13.07.12, whereby the applicant stood transferred to Attingal Head Office. It appears that had order dated 09.07.12 been taken into account, perhaps the steps for her transfer to Attingal would not have effected. Order dated 09.07.2012 has not been cancelled.
6. If the respondents are contemplating to consider the applicant for her posting to Kollam (as her application is said to be still pending), the applicant may have no objection as per her representation vide Annexure A-4. If the applicant is due for her normal rotational transfer and her transfer is inevitable, certainly the respondents can consider her case for transfer to her choice station at Kollam. According to the counsel for the respondents, there is every likelihood of the applicant to post at Kollam on promotion to HSG (if found suitable) as HSG II against the vacancy at Kollam. If that be the case and have a vacancy of HSG II as on date also exists, it should not be difficult for the respondents to accommodate the applicant at Kollam in the present post against the higher post and in case of her promotion she shall be allowed to continue at Kollam. This find a via-media to accommodate both the applicant and Smt. Dolima.
6. The respondents may consider the above suggestion of this Tribunal and act accordingly. Till such time the decision is taken, the applicant shall not be moved out of Trivandrum and since it is stated that a vacancy exists in HSG II post at Trivandrum (as per the version of the counsel for the applicant), she may be accommodated against the higher post.
7. With the above directions and observations, the Original Application is disposed of. No costs.
(Dated, this the 02nd day of August, 2012) DR.K.B.S RAJAN JUDICIAL MEMBER sv