Central Administrative Tribunal - Ernakulam
Vijaayalakshmi Vv vs Indian Council Of Agricultural ... on 29 December, 2025
CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH
Original Application No. 180/00093/2023
Monday, this the 29th day of December, 2025.
CORAM:
HON'BLE Mr. JUSTICE SUNIL THOMAS, JUDICIAL MEMBER
Vijayalakshmi.V.V, Aged 37 years,W/o. Sharon.B,
Chalarpadom, Alamthuruth,Vadekkakara.P.O,
North Paravur, Pincode-683522., working as Technician,
Marine Aquarium, Calicut Research Station of CMFRI, X
P.B.No. 917, West Hill P.O. Vs Kozhikode,
Kerala - Applicant
[By Advocates : Mr. K.P Shibi, Mr. C.K Sunil, Mr. Pradeep T.C,
Ms. Akshaya K.S]
Versus
1. The Director, Central Marine Fisheries Research Institute
(Indian Council of Agricultural Research).
Ernakulam North (P.O.), Kochi 682018.
2. Chief Administrative Officer,
Central Marine Fisheries Research Institute,
(Indian Council of Agricultural Research).
Ernakulam North (P.O.) Kochi 682018.
3. Indian Council of Agricultural Research,
represented by its Secretary,
Indian Council of Agricultural Research,
Krishi Bhavan, New Delhi 100 001. - Respondents
[By Advocate : Mrs. K.V. Bhadrakumari]
The Original Application having been heard on 29.12.2025, the
Tribunal on the same day delivered the following:
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O.A No. 180/00093/2023
O R D E R :-
Justice Sunil Thomas, Judicial Member The applicant joined the service under the respondent as a Skilled Support Staff on 09.09.2015. She was promoted as Technician Category I on 10.02.2022 by Annexure A1 order and transferred to Marine Aquarium, Calicut. She joined the said post thereafter. Subsequently she submitted Annexure A3 representation dated 10.10.2022 enclosing Annexue A2 medical certificate requesting for a transfer back to CMFRI, Kochi. This was not considered by the respondents which has triggered this Original Application.
2. The respondents appeared and filed a detailed reply statement to which a rejoinder was filed. An additional reply statement was filed in answer to it.
3. The applicant has submitted only an argument notes. Heard the learned Counsel for the respondents.
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4. The contention of the applicant as revealed from the Original Application and the argument notes is basically on two grounds. Firstly, the claim of the applicant based on medical grounds was not considered, though it was duly supported by Annexure A2, A5, A7 and A8 documents. Second Contention advanced was that she being a Schedule Caste as well as being person who had contracted an inter caste marriage is entitled for the benefit of the relevant clause in the guidelines applicable to respondent institution.
5. It is pertinent to note that the documents produced by the applicant especially Annexure A2 dated 11.08.2022 indicate only that the parents of the applicant suffer from dementia and age related issues. They were also affected with covid and had post covid medical illness. They held assistance and supportive care. Annexure A-5 and Annexure A-8 are the two documents evidencing in patient treatment from 07.09.2021 to 15.09.2021. However, it only show the parent of the applicant had undergone hospitalization only in 2021.
6. The learned Standing Counsel for the respondents invited my attention to Annexure R1 (B), the inter institutional transfer policy of 2026.01.05 A X Sherin 16:06:11 +05'30' 4 O.A No. 180/00093/2023 technical persons in ICAR dated 19.03.2020. Guideline No. 22 relates to the medical grounds as well as on working spouse ground. It shows that the applicants are entitled to benefit of medical ground. The learned Counsel invited my attention to Annexure R1 (E) also, which is a guideline of ICAR issued dated 06.09.2016 specifically relating to medical grounds. Clause 7 of B relating to technical employees state that employees suffering from major ailment such as cancer, cardiac diseases, kidney diseases etc may be considered for transfer to a place where better medical facilities are available or to the station which are near to their home town. Evidently, the above clauses is not applicable to the applicant.
7. Though, the applicant had contended that medical grounds are genuine and the respondents themselves have accepted treatment from the same hospital earlier and granted reimbursement it seems to be a contentions beside the issue. In the case of reimbursement, the only consideration is whether the claimant is dependent of the employee and whether the claimants have undergone medical treatment from the recognized hospital. The ground that medical claim was sanctioned cannot be extended to oppose a transfer, which is based on totally different 2026.01.05 A X Sherin 16:06:11 +05'30' 5 O.A No. 180/00093/2023 grounds. Hence, the medical ground set up is not sustainable.
8. The applicant relied on the various DoPT norms to contend that she being a Scheduled Caste and had contracted an inter caste marriage is entitled to the benefit of due consideration is case of transfer. I feel that, that also cannot come to the help of the applicant. In the light of Annexure R1(B) as indicated earlier clause 22 relates to the medical ground as well as the working spouse ground. It states that if the spouse is an employee of ICAR, is employed under ICAR or a State Government/Central Government employee or an institution controlled by the State Government it can be a ground while considering a transfer. However, in the case at hand, the husband of the applicant is stated to be a private contractor.
9. It was also contended by the applicant that there was vacancy position in Kochi office. According to the applicant, 140 sanctioned technician posts are available in Kochi and only 44 are filled up. There is a shortage of 101 vacancies. Even combined technician and senior technician there is still a shortage of 45, it was contended.
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10. These statistics cannot come to the aid of the applicant. The specific contention of the respondents is that, there is no vacancy available. According to the learned Standing Counsel for the respondents, seven persons are in the waiting for being transferred to Kochi which clearly establishes that no more vacancies are available. Though the applicant has referred to some instances of preference been given to persons to Kochi, they are in cases of mutual transfers, it was contended.
11. Having considered the entire facts in the above perspective, I find no reason to hold that there is violation to any guidelines or statutory Rules. However, this will not stand in the way of the applicant make fresh application, if the situation improves. Accordingly, the O.A is dismissed. No costs.
(Dated, 29th December, 2025) JUSTICE SUNIL THOMAS JUDICIAL MEMBER skm 2026.01.05 A X Sherin 16:06:11 +05'30' 7 O.A No. 180/00093/2023 List of Annexures in OA/00093/2023 Annexure A1: A true copy of the order F.No.19(1)/2022/-Estt dated 10.02.2022 issued by the 2nd respondent.
Annexure A2: A true copy of the Medical Certificate dated 11.08.22 issued by Dr. John George of Don Bosco Hospital, North Paravur Annexure A3: A true copy of the representation dated 10.10.2022 submitted by the applicant.
Annexure A4: True copy of covering letter dated nil submitted by the applicant.
Annexure A5:The true copy of the IP bill dated 15/09/2021 issued by the Don Bosco Hospital North Paravur Ernakulam Annexure A6: The true copy of the form of application for claiming refund of the expenses submitted by the Applicant before the first Respondent Annexure A7:- The true copy of the balance cash remittance amount counterfoil dated 14/12/2021 in the name of first Respondent Annexure A8:- The true copy of the inpatient invoice summary dated 15/9/2021 of the Applicants father after receiving the full and final payment Annexure A9: The true copy of Office Memorandum F.N.O.T.S. 19-3/23 E.S.T.T. IV dated 21/12/2023 issued by the Joint Secretary (ADMN and T.S) of the 3rd Respondent.
Annexure A10:- The true copy of list of staffs in various stations of 3rd respondent institute 2026.01.05 A X Sherin 16:06:11 +05'30' 8 O.A No. 180/00093/2023 Annexure A11: The true copy of Circular dated 14/02/2024 along with Proforma of Application form for the post of Technician (T-1) on Inter Institutional Transfer basis Annexure-R1(a):- True copy of the office Memorandum dated 1/9/2015 offering appointment to the applicant issued by Chief Administrative Officer, CMFRI.
Annexure-R1(b):- True copy of the letter F.No.TS-19 (01)/2002 Estt. IV dated 19/3/2020 issued by Deputy Secretary, ICAR stating Inter- Institutional transfer policy of technical personnel in ICAR. Annexure-R1(c):- True copy of the letter F.No.TS-19(6)/2020-Estt. IV dt. 19/3/2021 containing amendments in the existing transfer policy of technical personnel in ICAR issued by the Deputy Secretary, ICAR. Annexure-R1 (d): True copy of the proceedings of the Intra-Institutional Transfer Committee meeting for Technical Employees of ICAR-CMFRI, Kochi held on 12/8/2022.
Annexure -R1(e): True copy of the letter No:F.TS-19(11)/2016-Estt. IV dated 6/9/2016 issued by Deputy Secretary (TS) ICAR. Annexure R-1(f): True copy of the relevant pages of the updated website of CMFRI.
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