Kerala High Court
K.P.Devayani vs Government Of Kerala on 9 August, 2012
Author: A.M.Shaffique
Bench: A.M.Shaffique
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HON'BLE THE CHIEF JUSTICE MRS. MANJULA CHELLUR
&
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
WEDNESDAY, THE 21ST DAY OF NOVEMBER 2012/30TH KARTHIKA 1934
OP(KAT).No. 3405 of 2012 (Z)
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OA.No.1551/2012 DATED 9.08.2012 OF KERALA ADMINISTRATIVETRIBUNAL,
THIRUVANANTHAPURAM
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PETITIONER(S)/APPLICANT:
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K.P.DEVAYANI, AGED 51 YEARS,
W/O.C.V.RAJAGOPAL, RESIDING AT R.R.HOUSE,
KALALAYAM ROAD, THOTTAKKARA P.O., OTTAPPALAM,
PALAKKAD DISTRICT, PIN 679102,
FORMERLY WORKING AS DEPUTY SUPERINTENDENT,
GOVERNMENT PRESS MANNANTHALA, THIRUVANANTHAPURAM,
PIN 695015.
BY ADVS.SRI.S.DILIP
SRI.B.PREMOD
RESPONDENT(S)/RESPONDENTS:
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1. GOVERNMENT OF KERALA,
REPRESENTED BY SECRETARY,
HIGHER EDUCATION DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN 695001.
2. THE DIRECTOR
GOVERNMENT PRESS,
PRINTING DEPARTMENT, STATUE
THIRUVANANTHAPURAM, PIN 695001.
BY GOVERNMENT PLEADER SRI. P.I. DAVIS
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR
ADMISSION ON 21-11-2012, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
NS
OP(KAT).No. 3405 of 2012 (Z)
APPENDIX
PETITIONER(S) EXHIBITS :
EXHIBIT P1 : COPY OF THE ORDER IN THE OA.
EXHIBIT P2 : COPY OF THE O.A ALONG WITH ANNEXURES.
EXHIBIT P3 : COPY OF THE MISCELALNEOUS APPLICATION NO.1304/2012 FILED IN
THE O.A ALONG WITH ANNEXURES.
RESPONDENTS' EXHIBITS : NIL
/ TRUE COPY /
NS P.A. TO JUDGE
MANJULA CHELLUR, C.J
&
A.M.SHAFFIQUE, J.
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O.P(KAT).No. 3405 of 2012
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Dated this the 21st day of November, 2012
JUDGMENT
Shaffique, J.
The applicant in O.A.No. 1551 of 2012 before the Kerala Administrative Tribunal is the petitioner. She challenges Annexure A4 order of transfer by which the Government had transferred her from the position of Deputy Superintendent, Government Press, Mannanthala on account of administrative reasons. The Tribunal dismissed the application on the ground that being an officer of the Government, the petitioner has to join at any place, where she is transferred and in the absence of any specific allegation of malafides, the order of transfer cannot be interfered with.
2. Heard learned counsel for the petitioner and the learned Government Pleader.
3. It is seen from the order passed by the Tribunal that the Tribunal had occasion to verify the files relating to the transfer. It is stated in paragraph 2 of the order of the Tribunal that the files indicated a few complaints against the petitioner stating that O.P(KAT).3405/12 2 certain works allotted to her in Mannanthala Press were not carried out properly and she even attempted to take leave when the budget papers were being printed. However, in the order of transfer it was stated that the petitioner was transferred on account of administrative reasons. The petitioner is a native of Ottappalam. Admittedly, Wayanad is a place near Ottappalam rather than Thiruvananthapuram.
4. Unless the transfer order is vitiated by malafides, this Court cannot interfere with the order of transfer. The Tribunal had actually gone into the matter, verified the files and had come to a conclusion that there is no malafides in the order of transfer. That apart, the petitioner is given an opportunity to submit a representation to the Government for appropriate consideration.
In the above circumstances, we do not think that it necessary to interfere with the order of the Kerala Administravie Tribunal. Hence, the Original Petition is dismissed.
MANJULA CHELLUR, CHIEF JUSTICE A.M.SHAFFIQUE, JUDGE vgs21.11