Kerala High Court
C. R. Mahesh vs Union Of India on 30 July, 2020
Bench: S.Manikumar, Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 30TH DAY OF JULY 2020 / 8TH SRAVANA, 1942
WP(C).No.15594 OF 2020
PETITIONER:
C. R. MAHESH, S/O. RAJESEKHARAN PILLAI,
AGED 41, CHEMBAKASSERIL, THAZHAVA VILLAGE,
SOUTH WEST THAZHAVA, KARUNAGAPPILLY TALUK,
KOLLAM DISTRICT, PIN-690523.
BY ADVS. DR.V.N.SANKARJEE
SRI.V.N.MADHUSUDANAN
SMT.R.UDAYA JYOTHI
SRI.M.M.VINOD
SRI.SAKIR.K.H.
SMT.M.SUSEELA
SMT. KEERTHI B. CHANDRAN
SHRI VIJAYAN PILLAI P.K.
RESPONDENTS:
1 UNION OF INDIA, REPRESENTED BY THE SECRETARY,
MINISTRY OF HOME AFFAIRS, GOVERNMENT OF INDIA, NEW BLOCK,
NEW DELHI - 110001.
2 THE NATIONAL DISASTER MANAGEMENT AUTHORITY, NDMA,
REPRESENTED BY ITS CHAIRPERSON, NDMA BHAWAN, A-1,
SAFDARJUNG ENCLAVE, NEW DELHI-110029.
3 THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRFETARY,
GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM,
THIRUVANANTHAPURAM DISTRICT, PIN 695 001.
4 THE PRINCIPAL SECRETARY, DEPARTMENT OF HEALTH AND
FAMILY WELFARE, GOVERNMENT OF KERALA, SECRETARIAT,
THIRUVANANTHAPURAM, THIRUVANANTHAPURAM DISTRICT-695 001.
5 THE SECRETARY, GENERAL ADMINISTRATION (SECRET SECTION)
DEPARTMENT, GOVERMNMENT OF KERALA, SECRETARIAT,
THIRUVANANTHAPURAM, THIRUVANANTHAPURAM DISTRICT, PIN 695 001.
6 THE DIRECTOR OF HEALTH SERVICE, PALAYAM-AIRPORT ROAD,
NEAR GENERAL HOSPITAL ROAD, JUNCTION, THIRUVANANTHAPURAM DISTRICT
KERALA-695035.
W.P.(C) No.15594 of 2020 2
7 THE STATE DISASTER MANAGEMENT AUTHORITY (SDMA), KERALA,
REPRESENTED BY ITS CHAIRPERSON, VIKASBHAVAN P.O., OBSERVATORY
HILLS, OPPOSITE KANAKAKKUNNU, NANTHACODU,
THIRUVANANTHAPURAM DISTRICT-695033.
8 THE INDIAN MEDICAL ASSOCIATION, I.M.A. HOUSE,
INDRAPRASTHA MARG, NEW DELHI-110002,
REPRESENTED BY ITS PRESIDENT.
9 THE INDIAN MEDICAL ASSOCIATION (IMA),
HEADQUARTERS, ANAYARA P.O., THIRUVANANTHAPURAM DISTRICT,
PIN-695029, REPRESENTED BY ITS PRESIDENT.
10. THE DISTRICT COLLECTOR, KOLLAM,
CIVIL STATION, CIVIL STATION ROAD, KAANKATHU MUKKU,
KOLLAM, KOLLAM DISTRICT, PIN-691013.
11. THE DISTRCIT MEDICAL OFFICER, KOLLAM, 2ND FLOOR,
VADDY-CIVIL STATION ROAD, ANANDAVALLESWARAM, VIDYA NAGAR,
KOLLAM DISTRICT, PIN-691013.
R1 & R2 BY ADVS. SRI.P.VIJAYAKUMAR, ASG
R3 TO R7, R10 & R11 BY SRI.K.V.SOHAN, STATE ATTORNEY
SR. GP SRI.SURIN GEORGE IPE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.07.2020, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.15594 of 2020 3
"C.R"
JUDGMENT
Dated this the 30th day of July, 2020 Manikumar, CJ Petitioner, General Secretary of the Kerala Pradesh Congress Committee (KPCC) and a member of All India Congress Committee (AICC), has filed the instant writ petition, challenging Exhibits-P8 to P10 Government orders dated 3.3.2020, 26.6.2020 and 22.07.2020 respectively, issued by the Principal Secretary, Department of Health and Family Welfare, Government of Kerala, Thiruvananthapuram (respondent No.4), directing general transfer of health workers. Petitioner has sought for a writ of certiorari to quash Exhibits-P8 to P10 orders respectively.
2. The petitioner has further sought for a writ of mandamus, directing respondents 3 to 6 viz., State of Kerala represented by Chief Secretary, Thiruvanathapuram; the Principal Secretary, Department of Health and Family Welfare, Government of Kerala, Thiruvananthapuram; The Secretary, General Administration (Secret Section) Department, Government of Kerala, Thiruvananthapuram; and the Director of Health Service, Palayam - Airport Road, Thiruvananthapuram, respectively, not to conduct general transfer of Health Workers, including Doctors, Nurses, Health Inspectors, Attendants, etc., till COVID-19 pandemic is over. W.P.(C) No.15594 of 2020 4
3. He has also sought for a writ of mandamus, directing respondents 3 to 6, to go by the directives, guidelines, schemes etc., issued by respondents 1, 2, 7 and 8, including World Health Organisation, regarding COVID-19 pandemic, before effecting general transfer of Health Workers, including Doctors, Nurses, Health Inspectors, Attendants etc., in the State of Kerala.
4. Facts leading to filing of the instant writ petition are that,- in exercise of the powers under Section 2 of the Epidemic Diseases Act, 1897 r/w. the enabling provisions of Disaster Management Act, 2005, the Secretary, General Administration (Secret Section) Department, Government of Kerala, Thiruvananthapuram (respondent No.5), issued G.O.(Ms) No.49/2020/GAD dated 23.03.2020 (Exhibit-P1) notifying lockdown in the entire State of Kerala with immediate effect till 31.03.2020, on satisfying that there was a strong possibility of widespread of Novel Coronavirus (COVID-19).
5. Petitioner has further stated that having been satisfied that the country was threatened with the spread of COVID-19 epidemic, as declared as a pandemic by the WHO, and having considered it necessary to take effective measures to prevent its spread, the National Disaster Management Authority (NDMA), represented by its Chairperson, New Delhi (respondent No.2), in exercise of the powers under Section 6(2)(i) of the W.P.(C) No.15594 of 2020 5 Disaster Management Act, 2005, issued order dated 24.03.2020 directing Ministries/UT Governments and State/UT Authorities to take effective measures in order to prevent the spread of COVID-19 in the country. Thereafter, the Secretary, Ministry of Home Affairs, Government of India, New Delhi (respondent No.1) issued Exhibit-P2 order dated 24.03.2020 (Exhibit.P2), introducing national lockdown for 21 days w.e.f 25.03.2020.
6. Petitioner has further stated that modifying the guidelines in Exhibit-P2 order dated 24.3.2020, and the consolidated guidelines therein on 25.03.2020, 27.03.2020, 2.4.2020, 3.4.2020 and 10.04.2020, 15.04.2020, 16.04.2020, 29.04.2020. 30.05.2020, 29.06.2020 etc., th 1 st respondent has issued Exhibit-P3 order dated 15.04.2020.
7. Meanwhile, in continuation of Exhibit-P1 order, the Secretary, General Administration (Secret Section) Department, Government of Kerala, Thiruvananthapuram (5th respondent) has issued G.O(Ms) No.78/2020/GAD dated 17.04.2020 (Exhibit-P6) with revised guidelines to all the departments, District Collectors, Superintendent of Police and other Heads of Departments for containment activities of COVID-19, for strict implementation in the State of Kerala. Thereafter, the 5 th respondent issued G.O(Ms) No.127/2020/GAD dated 30.06.2020 (Exhibit-P7), making the regulations and guidelines in Exhibit-P5 order of th 1 st respondent applicable to the State of Kerala.
W.P.(C) No.15594 of 2020 6
8. The Principal Secretary, Department of Health and Family Welfare, Government of Kerala, Thiruvananthapuram (respondent No.4), has issued G.O.(Rt.) No.480/2020/H&FWD dated 3.3.2020 (Exhibit-P8) relating to general transfer of the employees in Health and Family Departments, including Doctors, Nurses, Health Inspectors and other health workers. Thereafter, he issued another order dated 26.06.2020 (Exhibit-P9), modifying the dates stipulated in Exhibit-P8 order thereby extending the proceeding related to general transfer. Again, th 4th respondent issued order dated 22.07.2020 (Exhibit-P10) relating to general transfer of employees of the Department of Health and Family Welfare amending Exhibit-P9 order and fixing 30.07.2020 as the last date for submission and acceptance of applications,14.08.2020 as the date for publishing draft list of candidates, and 25.08.2020 as the date for publishing final list.
9. Petitioner has contended that in Exhibit-P8 order dated 3.3.2020, the norms for general transfer were set out in G.O.(P) No.3/2017/ P&ARD dated 25.02.2017, at the time when there was no threat of emergency of any epidemic or pandemic. According to the petitioner, more than 30% of the health workers will be transferred by Exhibits-P8 to P10 orders and that if they are transferred, they had to undergo quarantine.
10. Petitioner further contended that equally, such a general transfer is violative of the COVID Protocol issued by the WHO, the scheme and W.P.(C) No.15594 of 2020 7 purpose of Exhibits-P1 to P7, and the Epidemic Diseases Act, 1897, as well as the Disaster Management Act, 2005 respectively.
11. Petitioner has further contended that Exhibits P8 to P10 orders are against the COVID-19 protocol issued by the World Health Organization and respondents 1 to 3, 7 and 8. For the very reason, Exhibits P8 to P10 are arbitrary and violative of the fundamental right guaranteed under Article 14 of the Constitution of India.
12. Petitioner has further contended that the radical scheme set out in Exhibits P1 to P7, as per the directives of the WHO, and respondents 1 to 3, 7 and 8 is that the people shall stay where they are. If the general transfer proposed by Exhibits P8 to P10 is pressed into service, at least 30% of the health workers in service would be transferred to different places. By and large such a situation would put the lives of the people of Kerala in danger. Thus, Exhibits P8 to P10 are violative of the fundamental right to life, provided under Article 21 of the Constitution of India.
13. Petitioner has further contended that th 4th respondent should have considered the opinion of respondents 1 to 3, 7 and 8 before issuing Exhibit P10 order. According to him, the situation prevailing in Kerala is very severe, as the infection rate per day is more than 1000 and the mortality rate due to COVID-19 is increasing repentantly. Several parts of Kerala are under triple lock down being containment zones and cluster areas. W.P.(C) No.15594 of 2020 8
14. The community spread across the State is more or less confirmed. The present factual situation necessitates and warrants the services of health workers, including doctors, nurses, health inspectors etc., at the very same stations where they are serving.
15. Petitioner has further contended that the transfer contemplated in Exhibits P8 to P10, if implemented, all the health workers would be taken away from the present stations. Their acquaintance with local places, population, families etc., are essential for ascertaining track records/route map of the patients and the persons, who are under quarantine, are under the shadow of suspicion of being infected. Thus, Exhibits P8 to P10 are not conducive to the health and lives of the people of Kerala. The proposed general transfer will lead to a situation, where the health workers would be massively put to quarantine. In such a situation, the entire fight against COVID-19 pandemic in the State would be seriously and adversely affected.
16. Petitioner has further contended that the health workers as of right, will avail full joining time, as provided under the service rules, in case of transfers, and the same would affect the anti-Corona activities. The norms for general transfer proposed in Exhibits P8 to P10 orders are set out in G.O(P) No.3/2017/P&ARD dated 25.02.2017, at the time when there was no threat of emergency of any epidemic or pandemic. W.P.(C) No.15594 of 2020 9
17. Heard learned counsel for the respective parties and perused the material available on record.
18. Exhibit-P7 order dated 30.06.2020 issued by the Secretary, General Administration (Secret Section) Department, (5 th respondent), making the regulations and guidelines issued by respondent No.1 in the order dated 29.6.2020, applicable in the State of Kerala, reads thus:
"GOVERNMENT OF KERALA Abstract GAD -- Covid-19 - regulations to contain the Novel Corona Virus (COVID-
19) - unlocking of general lock down phase -2 and extension of lock down in containment zones - orders issued.
--------------------------------------------------------------------------------------------------
General Administration (Secret Section) Department G.O.(Ms) No.127/2020/GAD Dated, Thiruvananthapuram, 30.06.2020
-------------------------------------------------------------------------------------------------- Read: 1.G.O (Ms) No.106/2020/GAD, dated 01.06.2020
2.Order No. 40-3/2020-DM-I(IA), dated 29.06.2020 ORDER As a measure to contain the spread of COVID-19 pandemic in the country, Ministry of Home Affairs, Government of India as per order read as paper 2 above has issued guidelines for phase-2 unlocking of general lock down, to extent the general lock down in containment zones and also to regulate activities in a planned manner outside containment zones.
In exercise of powers conferred under Sec. 20(3) of the Disaster Management Act-2005, the undersigned in his capacity as Chairperson, State Executive Committee of State Disaster Management Authority, hereby orders that the regulations and guidelines in the above order of Ministry of Home Affairs would be applicable to the entire State of Kerala. W.P.(C) No.15594 of 2020 10
All District Collectors, District Police Chiefs and Heads of Departments should ensure the strict implementation of the guidelines and regulations ordered above so as to facilitate the containment activities of Novel Corona Virus (COVID-19) in the State.
The present system of notifying the containment zones by State Disaster Management Authority will continue. The District Collector shall ensure strict enforcement of restrictions by the Police and Health Authorities as per the guidelines issued by the Central and State Governments. The District Collectors are also authorized to take appropriate measures, including additional restrictions, if any, required in the containment zones to prevent the spread of disease.
(By Order of the Governor) DR. VISHWAS MEHTA CHIEF SECRETARY"
19. When the State Government have issued Exhibit-P1 Government order dated 23.03.2020, as per clause (8), the following shops/ establishments providing essential goods and services were excluded from the restrictions mentioned therein:
a. Banks/ATMs b. Print and electronic media c. Telecom, postal and internet services d. Supply chain and transport of essential commodities e. Delivery of essential goods including food and beverages, pharmaceuticals and medical equipment as takeaway/home delivery.
f. Shops/bakeries including departmental stores and super markets, selling food items, groceries, milk, bread, fruits, vegetables, eggs, meat, fish, poultry and cattle feed etc will be allowed to be open between 11:00 hrs to 17:00 hrs every day.
g. Petrol pumps, LPG gas, oil agencies, their godowns and related transport operations.W.P.(C) No.15594 of 2020 11
h. Bus stations, railway stations, airports and ports will be open for cargo movement only.
i. Security services including private security services. j. Drinking water production, supply and distribution in bulk and containers.
k. Private establishments involved in the production and supply of equipment required to contain COVID-19 including masks, sanitizers, drugs, personal protective equipments (PPE) etc. I. Fab labs and super fab labs and units in technology innovation zone and start up missions.
m. All services notified in the Essential Commodities Act, 1955.
n. SEBI regulated stock market entities.
20. As per clause (9) of Exhibit-P3 Government order dated 23.03.2020, the following Departments/Officers of the State Government shall be functional with required staff as decided by the Secretary/HOD:
a. Secretariat/Directorates b. District Collectorate/ Sub-Divisional Offices c. Police/Defence/ Paramilitary forces etc. d. Health e. Fire Services f. Urban Local Bodies/ Panchayat Institutions/ Municipal Corporations g. Electricity and Water supply h. Civil Supplies
21. The National Disaster Management Authority, Government of India, New Delhi, issued Order No.1-29/2020-PP(Pt.II) dated 24.03.2020, for effective measures to prevent the spread of COVID-19 in the country taking note of the fact that there is need for consistency in the application W.P.(C) No.15594 of 2020 12 and implementation of various measures across the country while ensuring maintenance of essential services and supplies, including health infrastructure. NDMA, further ordered closure/suspension of certain services/establishments, with the following:W.P.(C) No.15594 of 2020 13
22. That apart, Clauses (13) to (15) of the Annexure to the order dated 24.03.2020, issued by the NDMA, relevant are extracted hereunder:
"13. Wherever exceptions to above containment measures have been allowed, the organisations/employers must ensure necessary precautions against COVID-19 virus, as well as social distance measures, as advised by the Health Department from time to time.
14. In order to implement these containment measures, the District Magistrate will deploy Executive Magistrates as Incident Commanders in the respective local jurisdictions. The Incident Commander will be responsible for the overall implementation of these measures in their respective jurisdictions. All other line department officials in the specified area will work under the directions of such incident commander. The Incident Commander will issue passes for enabling essential movements as explained.
15. All enforcing authorities to note that these strict restrictions fundamentally relate to movement of people, but not to that of essential goods.
16. The Incident Commanders will in particular ensure that all efforts for mobilisation of resources, workers and material for augmentation and expansion of hospital infrastructure shall continue without any hindrance."
23. Subsequently, the Ministry of Home Affairs, Government of India, New Delhi, issued Order No.40-3/2020-DM-I(A) dated 15.04.2020, the relevant portion of which is extracted hereunder:W.P.(C) No.15594 of 2020 14
"Whereas, to mitigate hardship to the public, select additional activities will be allowed, which will come into effect from 20th April, 2020. However, these additional activities will be operationalized by States/ Union Territories (UTs)/ District Administrations based on strict compliance to the existing guidelines on lockdown measures. Before operating these relaxations, States/ UTs/ District Administrations shall ensure that all preparatory arrangements with regard to social distancing in offices, workplaces, factories and establishments, as also other sectoral requirements are in place. The consolidated revised guidelines incorporating these relaxations are enclosed;
Whereas, the consolidated revised guidelines will not apply in containment zones, as demarcated by States/ UTs/ District administrations. If any new area is included in the category of a containment zone, the activities allowed in that area till the time of its categorization as a containment zone, will be suspended except for those activities as are specifically permitted under the guidelines of Ministry of Health and Family Welfare (MoHFW), Government of India;"
24. As regards containment zones, Ministry of Home Affairs, Government of India, New Delhi, at clause (2) ordered thus:
"2. Operation of guidelines in Hotspots and containment zones i. 'Hotspots', i.e., areas of large COVID-19 outbreaks, or clusters with significant spread of COVID-19, will be determined as per the guidelines issued by Ministry of Health and Family Welfare (MoHFW), Government of India (Gol).
ii. In these hotspots, containment zones will be demarcated by States/ UTs/ District administrations as per the guidelines of MoHFW. iii. In these containment zones, the activities allowed under these guidelines will not be permitted. There shall be strict perimeter control in the area of the containment zones to ensure that there is no unchecked inward/ outward movement of population from these zones except for maintaining essential services (including medical emergencies and law and order related W.P.(C) No.15594 of 2020 15 duties) and Government business continuity. The guidelines issued in this regard by MoHFW will be strictly implemented by State/ UT Governments and the local district authorities."
25. As regards clause (5) of the revised guidelines to the order dated 15.04.2020, all health services (including AYUSH) shall remain functional, such as follows:
"i. Hospitals, nursing homes, clinics, telemedicine facilities.
ii. Dispensaries, chemists, pharmacies, all kinds of medicine shops including Jan Aushadhi Kendras and medical equipment shops.
iii. Medical laboratories and collection centres. iv. Pharmaceutical and medical research labs, institutions carrying out COVID-19 related research.
v. Veterinary Hospitals, dispensaries, clinics, pathology labs, sale and supply of vaccine and medicine. vi. Authorised private establishments, which support the provisioning of essential services, or efforts for containment of COVID-19, including home care providers, diagnostics, supply chain firms serving hospitals.
vii. Manufacturing units of drugs, pharmaceuticals, medical devices, medical oxygen, their packaging material, raw material and intermediates.
viii. Construction of medical/health infrastructure including manufacture of ambulances."
26. As per clause 5(ix) of the revised guidelines to the abovesaid order, movement (inter and intra State, including by air) of all medical and veterinary personnel, scientists, nurses, para-medical staff, lab technicians, midwives and other hospital support services, including ambulances, is permitted.
W.P.(C) No.15594 of 2020 16
27. Taking note of the orders dated 15.04.2020 and 16.04.2020 of the Ministry of Home Affairs, Government of India, New Delhi, Government or Kerala in G.O.(MS) No.78/2020/GAD General Administration (Secret Section) Department dated 17.04.2020, have issued consolidated guidelines, extending the lockdown period, wherein certain activities have been totally prohibited across the State till 3.5.2020, following the SOPs outlined by the Government of India. Selected activities listed therein were permitted. As regards offices of the State Government, autonomous bodies and local Governments, mentioned in Clause (14) of the guidelines dated 17.04.2020, shall remain open and functional. Clause 14.1 to 14.8 of the SOPs, to order dated 17.04.2020 (Exhibit-P6) are extracted hereunder:
"14.1. Health, Police, home guards, civil defence, fire and emergency services, disaster management, prisons, legal metrology department, including licensees and municipal and panchayat services will function without any restrictions. 14.2. All other departments of State Governments to work with restricted staff. Class 1 & 2 officers shall attend in full strength. Group 3 & 4 will attend up to 33% of strength, as per requirement to ensure social distancing. However, delivery of public services shall be ensured, and necessary staff will be deployed for such purpose.
14.3. District administration and treasury including field offices of the Accountant General will function with restricted staff. However, delivery of public services shall be ensured, and necessary staff will be deployed for such purpose. 14.4. Resident Commissioner of State, in New Delhi, only to the extent of coordinating COVID-19 related activities and internal kitchen operations.
14.5. Forest offices: staff/workers required to operate and maintain zoo, nurseries, wildlife, fire-fighting in forests, watering plantations, patrolling and their necessary transport movement. 14.6. All cooperative societies with less than 33% employees.W.P.(C) No.15594 of 2020 17
14.7. Panchayat, village offices will remain operational with 35% strength.
14.8. All Government offices shall continue to work for 5 days a week (Monday-Friday) till further orders."
28. Many other activities viz., agricultural and related activities, financial sector, social sector, MNREGA, public utilities, supply of essential goods, commercial and private establishments, listed in clause (14) therein, certain industries/industrial developments (both Government and private), certain offices of the State/Union Territories, their autonomous bodies and local Governments shall remain functional subject to the said guidelines, and the order dated 15.4.2020.
29. As per clause 20(i) of the consolidated revised guidelines dated to Exhibit-P3 order dated 15.04.2020, all such persons who have been directed by health care personnel, to remain under strict home/institutional quarantine for a period as decided by local Health Authorities. National directives for COVID-19 management (Annexure-I) and Standard Operative Procedure for social distancing, for Offices, Workplaces, Factories, and Establishments (Annexure-II) have been issued.
30. The Ministry of Home Affairs, Government of India, New Delhi, has issued an order dated 30.05.2020 along with Guidelines for Phased Re- opening (Unlock 1) (Exhibit-P4). Clause (4) speaks about lockdown limited to containment zones and the same reads thus:
W.P.(C) No.15594 of 2020 18
"4. Lockdown limited to Containment Zones
(i) Lockdown shall continue to remain in force in the Containment Zones till 30 June, 2020.
(ii) Containment Zones will be demarcated by the District authorities after taking into consideration the guidelines of MoHFW.
(iii) In the Containment Zones, only essential activities shall be allowed. There shall be strict perimeter control to ensure that there is no movement of people in or out of these zones, except for medical emergencies and for maintaining supply of essential goods and services. In the Containment Zones, there shall be intensive contact tracing, house-to-house surveillance, and other clinical interventions, as required. Guidelines of MoHFW shall be taken into consideration for the above purpose.
(iv) States/ UTs may also identify Buffer Zones outside the Containment Zones, where new cases are more likely to occur. Within the buffer zones, restrictions as considered necessary may be put in place by the District authorities."
31. As per Clause (5), States/UT, based on their assessment of the situation, may prohibit certain activities outside the Containment zones, or impose such restrictions as deemed necessary.
32. As regards movement of persons and goods, clause (6) of the guidelines states thus:
"(i) There shall be no restriction on inter-State and intra-
State movement of persons and goods. No separate permission/ approval/ e-permit will be required for such movements.
(ii) However, if a State/ UT, based on reasons of public health and its assessment of the situation, proposes to regulate movement of persons, it will give wide publicity in advance regarding the restrictions to be placed on such movement, and the related procedures to be followed.
(iii) Movement by passenger trains and Shramik special trains; domestic passenger air travel; movement of Indian W.P.(C) No.15594 of 2020 19 Nationals stranded outside the country and of specified persons to travel abroad; evacuation of foreign nationals; and sign-on and sign-off of Indian seafarers will continue to be regulated as per SOPs issued.
(iv) No State/ UT shall stop the movement of any type of goods/ cargo for cross land-border trade under Treaties with neighbouring countries."
33. Ministry of Home Affairs, Government of India, New Delhi, has issued a further order dated 29.06.2020 along with the Guidelines for Phased Re-opening (Unlock 2) (Exhibit-P5), permitting some more activities during the lockdown period outside containment zones. Clauses (4) and (5) of the guidelines are extracted hereunder:
"4. Lockdown limited to Containment Zones
(i) Lockdown shall continue to remain in force in the Containment Zones till 31 July, 2020.
(ii) Containment Zones will be demarcated by the District authorities after taking into consideration the guidelines of the Ministry of Health & Family Welfare (MoHFW) with the objective of effectively breaking the chain of transmission. These Containment Zones will be notified on the websites by the respective District Collectors and by the States/ UTs and information will be shared with MOHFW.
(iii) In the Containment Zones, only essential activities will be allowed. There shall be strict perimeter control to ensure that there is no movement of people in or out of these zones, except for medical emergencies and for maintaining supply of essential goods and services. In the Containment Zones, there shall be intensive contact tracing, house-to-house surveillance, and other clinical interventions, as required. Guidelines of MoHFW shall be effectively implemented for the above purpose.
(iv) Activities in the Containment Zones shall be monitored strictly by the State/ UT authorities, and the guidelines relating to containment measures in these zones shall be strictly implemented.
(v) States/ UTs may also identify Buffer Zones outside the Containment Zones, where new cases are more likely to occur.
Within the buffer zones, restrictions as considered necessary may be put in place by the District authorities.
W.P.(C) No.15594 of 2020 20
5. States/ UTs, based on their assessment of the situation, may prohibit certain activities outside the Containment zones, or impose such restrictions as deemed necessary.
However, there shall be no restriction on inter-State and intra-State movement of persons and goods including those for cross land-border trade under Treaties with neighbouring countries. No separate permission/ approval/ e-permit will be required for such movements."
34. Following Exhibit-P5 order dated 29.06.2020 issued by the Ministry of Home Affairs, Government of India, New Delhi, Government of Kerala have issued regulations to contain the spread of Novel CoronaVirus (COVID-19), viz., G.O.(Ms) No.127/2020/GAD dated 30.06.2020. Going through the orders issued by both the Central, as well as State Governments, from time-to-time, we find that activities of the Government/private sectors, which were initially prohibited, subject to certain exceptions, have been permitted to be re-opened in a phased manner viz., I, II and III, as set out in the orders dated 15.04.2020 & 29.06.2020, and accordingly, State Government have issued orders. Activities and movements in containment zones have been set out. Movement of persons has been permitted, subject to what is stated above. There is no total prohibition to order transfers of any Government servants.
35. State Government have issued guidelines for general transfer of its employees vide G.O(P) No.3/2017/P&ARD dated 25.02.2017. As regards persons working in the Health Department, Government of Kerala have issued guidelines in G.O.(Ms) No.480/2020/H&FWD dated 3.3.2020 W.P.(C) No.15594 of 2020 21 (Exhibit-P8), fixing a time-line for submission of applications, preparation of a list etc., so as to enable the incumbents to join the new station by 20.05.2020. The said order reads thus:
"Government of Kerala (Abstract) HEALTH AND FAMILY WELFARE DEPARTMENT-ORDER BEING ISSUED REGARDING GENERAL TRANSFER GUILDELINES OF 2020
-----------------------------------------------------------------------------------------------------
HEALTH AND FAMILY WELFARE (M) DEPARTMENT GO(Ms.) No.480/2020/H&FWD Thiruvananthapuram, Date:03-03-2020
----------------------------------------------------------------------------------------------------- Reference:- 1. G.O.(Ms) No.3/2017/P&ARD dated 25.2.2017
2. Letter No.EH1-93942/2019/DHS dated 10.1.2020 of Director of Health Service
3. G.O.(Rt.) No.3822/2018/H&FWD dated 29.12.2018 Order It is ordered to strictly implement the following guidelines for the time bound completion of the general transfer of 2020.
1. The application shall be accepted from 1.4.2020 to 20.4.2020, the draft list shall be published on 25.4.2020, the objections which will be submitted shall be disposed of till 30.4.2020. and the final list shall be published on 5.5.2020.
2. The draft list and the final list shall be published in the website www.dhs.kerala.gov.in; in addition to it separate draft list of each post shall be published in the District Office concerned.
3. While publishing the final list, the reason (period of service in outside institutions, dependence of defence personnel in service, the incumbents who are due to retire, the incumbents deserving compassion, etc.) for allowing the application for transfer shall be shown.
4. All District Medical Officers shall submit all applications for inter District transfer being received with covering letter to the Head of the Department concerned before 10.4.2020.
5. The schedule shall be prepared so as to enable the incumbents to join in the new station by 20.5.2020.
6. Only the applications of those incumbents who completed three years of service before 31.3.2020 shall be considered.W.P.(C) No.15594 of 2020 22
7. Those incumbents who were transferred as part of the general transfer of the year 2017 shall also be considered though the qualifying service for general transfer is not completed.
8. The order for intra District transfer shall be issued only after issuing the order for inter District transfer.
9. The application for transfer shall be submitted through the website www. spark. gov. in /webspark.
By Order of Governor RAJAN NAMDEV KHOBRAGADE Principal Secretary"
36. As regards completion of proceedings of General Transfer, 2020 of the Health Department, it was obstructed in the wake of Covid prevention works. Further promotions have been completed during the lockdown period, on condition that the designation shall be reviewed after transfer order and thus, proceedings can be adopted so as to accept the application before 30th June, prepare the draft list on 20th July, and publish the final list on 31st July, 2020. In such circumstances, the Government of Kerala has issued G.O.(Ms) No.1192/2020/ H&FWD dated 26.06.2020 (Exhibit-P9) amending Exhibit-P8 order dated 3.3.2020. Exhibit-P9 order dated 26.06.2020 reads thus:
"Government of Kerala (Abstract) HEALTH AND FAMILY WELFARE DEPARTMENT-GUILDELINES OF GENERAL TRANSFER 2020 - AMENDING ORDER BEING ISSUED
-----------------------------------------------------------------------------------------------------
HEALTH AND FAMILY WELFARE (M) DEPARTMENT GO(Ms) No.1192/2020/H&FWD Thiruvananthapuram, Date:26.06.2020
----------------------------------------------------------------------------------------------------- Reference:- 1. G.O.(Ms) No.480/2020/P&ARD dated 03.03.2020
2. Letter No.EH1-93942/2019/DHS dated 9.6.2020 of Director of Health Service W.P.(C) No.15594 of 2020 23 ORDER As per reference 2 letter the Director of Health Service informed that the completion of proceedings of general transfer 2020 of the Health Depart- tent was obstructed in the wake of Covid prevention works, that all promotions were completed during lockdown on condition that the designation shall be reviewed after transfer order and thus proceedings can be adopted so as to accept the application before 30 th June, prepare the draft list on 20th July, and publish the final list on 31st July.
In these circumstances the Government has examined the matter in detail and the order is issued by amending the 1 st clause of the reference 1. Government Order as "the application shall be accepted till 30 th June, 2020, the draft list Shall be prepared on 20th July 2020 and the final list shall be published on 31st July".
Reference Government Order shall be in force with the above amendment.
By Order of Governor RAJAN NAMDEV KHOBRAGADE Principal Secretary".
37. Taking note of the fact that all persons deputed for COVID-19 duty at various places and persons under quarantine will not be able to submit the application within the stipulated time and acting on the request of the Director of Health Services as per letter No.EH1-93942/2019/DHS dated 29.06.2020, Government of Kerala have issued another G.O.(Ms) No.1336/2020/H&FWD dated 22.07.2020 (Exhibit-P10), extending the time for submission of the applications, preparation and finalisation of the list. Order dated 22.07.2020 is extracted hereunder:
W.P.(C) No.15594 of 2020 24
"Government of Kerala (Abstract) HEALTH AND FAMILY WELFARE DEPARTMENT-GUILDELINES OF GENERAL TRANSFER 2020 - AMENDING ORDER BEING ISSUED
-----------------------------------------------------------------------------------------------------
HEALTH AND FAMILY WELFARE (M) DEPARTMENT GO(Ms) No.1336/2020/H&FWD Thiruvananthapuram, Date:22.07.2020
----------------------------------------------------------------------------------------------------- Reference :1. G.O.(Ms) No. 480/2020/H&FWD dated 3.3.2020
2. G.O.(Ms) No. 1192/2020/H&FWD dated 26/06/2020
3. Letter No. EH1-93942/2019/DHS dated 29.6.2020 of the Director of Health Service ORDER As per reference 1, for the guidelines of general transfer of 2020 in the Health Department were issued and later as per reference 2 order the amendment was introduced to the effect that application shall be accepted till 3th June, 2020, the draft list shall be prepared on 20 th July, 2020 and the final list shall be published on 1st July.
As the persons deputed for COVID-19 duty at various places and persons under quarantine will not be able to submit the application within the stipulated date, the Director of Health Service, as per reference 3, instructed to rearrange the time limit of general transfer so as to get two weeks time to complete the proceedings related to issue of notification and acceptance of application.
In these circumstances the Government has examined the matter in detail and the order is issued introducing the amendment that the application for the general transfer of the Health Department shall be accepted till 30 th July, 2020, the draft list shall be prepared on 14th August, 2020 and the final list shall be published on 25th August.
Reference Government Order shall be in force with the above amendment.
By Order of Governor RAJAN NAMDEV KHOBRAGADE Principal Secretary".W.P.(C) No.15594 of 2020 25
38. A conjoint reading of the abovesaid Governments orders issued periodically from 3.3.2020 till 22.07.2020, as regards transfers, would show that in terms of the existing guidelines for general transfers relating to Government servants in Kerala, a specific time-line has been fixed for submission of applications, preparation, and publication of the list, so as to enable the incumbents to join the new station. All the Government servants working in the Health Department are fully aware of the time-line even in early March, 2020.
39. It is also evident from Exhibit-P9 Government order dated 26.06.2020 that Government have also finalised the promotions to be given to the eligible persons. Doctors, Health Inspectors, and others eligible to be promoted as per the service rules, have to be considered and promoted to the posts to which, they are eligible, to the place where the post is available, and transferred from the place where he is working, and in the transferred place, another suitable person has to be appointed. One cannot expect the availability of the promotional post, in the place where a Government servant is working, at present. Therefore, when promotions are finalised even in the month of June, 2020, general transfers for 2020 could not be finalised for the wake of Covid and, therefore, the Government have extended the time for submission of applications till 30.06.2020. The order dated 26.06.2020 further states that the draft list would be prepared by W.P.(C) No.15594 of 2020 26 20.07.2020 and published on 30.07.2020. Thereafter taking note of the difficulty that all persons deputed for COVID-19 duty at various places and persons under quarantine will not be able to submit applications within the stipulated time, the Government of Kerala have extended further time, for submission of application till 30.07.2020, with a further time-line for preparation of the draft list by 14.08.2020 and publication by 25.08.2020.
40. In a given case, a post in Health Services may fall vacant on account of retirement or for any other reason and if an ineligible person is working at a place, he cannot be directed to man the post, and the post cannot be kept vacant, when an eligible person has been already considered. In the instant case, promotions have been finalised in June, 2020 itself, and those empanelled have to be posted in the respective stations, wherever the posts are available and required to be filled up. If promotional posts are kept vacant, it will have additional burden on the existing Government servants. Mobility of Doctors, Health Workers and others are required, even during lockdown period and there cannot be any blanket order quashing Exhibits-P8 to P10 Government orders issued regarding general transfers.
41. What is stated in the impugned orders is only extension of time-line for submission of applications, preparation of draft list, finalisation, and publication of the same. Reading of the Government orders dated W.P.(C) No.15594 of 2020 27 3.3.2020, 20.06.2020 and 22.07.2020, indicate that promotions though finalised in June, 2020, could be given effect to, due to the delay in finalising the general transfers. Having regard to the need of the hour and the nature of work performed by the Doctors, Health Workers and others, connected to prevention and spread of COVID-19, their services at all places are required.
42. In the light of the requirement to man different posts at various levels in Government services, particularly, health services, as discussed above, and in the absence of any policy decision by the Government, not to effect general transfers, which may have the effect of not filling up of the posts, Court cannot strike down the impugned Government orders as violative of fundamental rights. Though the following are not the decisions relating to a ban on general transfer, yet this Court deems it fit to consider what 'transfer' means and when the Court can interfere.
43. Transfer is an incidence of service and not a condition.
(i) In B. VARADA RAO v. STATE OF KARNATAKA reported in 1986 (II) LLJ 516, the Hon'ble Supreme Court has held that, it is well understood that transfer of Government servant, who is appointed to a particular cadre of transferable post from one place to another is an ordinary incident of service and therefore, does not result in any alteration of any of the conditions of service of his disadvantage. The Supreme Court declined to accept the case of the petitioner therein, that he should not be transferred. W.P.(C) No.15594 of 2020 28
(ii) In GUJARAT ELECTRICITY BOARD AND ANR. V. ATMARAM SUNGOMAL POSHANI [1989 AIR 1433, 1989 SCR (2) 357], the Hon'ble Supreme Court observed as under:
"Transfer from one place to another is necessary in public interest and efficiency in the public administration. Whenever a public servant is transferred he must comply with the order but if there be any genuine difficulty in proceeding on transfer it is open to him to make representation to the competent authority for stay, modification or cancellation of the transfer order. If the order of transfer is not stayed, modified or cancelled the concerned public servant must carry out the order of transfer. In the absence of any stay of the transfer order a public servant has no justification to avoid or evade the transfer order merely on the ground of having made a representation, or on the ground of his difficulty in moving from one place to the other. If he fails to proceed on transfer in compliance to the transfer order, he would expose himself to disciplinary action under the relevant Rules, as has happened in the instant case. The respondent lost his service as he refused to comply with the order of his transfer from one place to the other."
(iii) In N.K.SINGH v. UNION OF INDIA reported in 1995 (I) LLJ 854, the Hon'ble Supreme Court while dealing with the correctness of the order, has observed that, no roving inquiry into the matter is called for or justified within the scope of judicial review of a transfer scrutinized with reference to the private rights of an individual. It was further held that transfer of a Government servant in a transferable service is a necessary incident of the service career and that assessment of the quality of men is to be made by superiors taking into account several factors including suitability of the person for a particular post and exigencies of administration.
W.P.(C) No.15594 of 2020 29
(iv) In PUBLIC SERVICES TRIBUNAL BAR ASSOCIATION v. STATE OF U.P AND ANOTHER, reported in (2003) 4 SCC 104, the Hon'ble Supreme Court has reiterated that the scope of Judicial Review in transfer is very limited as it is an incidence of service and normally should not be interfered with by Courts.
(v) In STATE OF U.P. AND ANOTHER v. SIYA RAM AND ANOTHER, reported in (2004) 7 SCC 405, the Hon'ble Supreme Court held that no Government servant or employee of the public undertaking has any legal right to be posted forever at any one particular place or place of his choice since transfer of a particular employee appointed to the class or category of transferable posts from one place to other is not only an incident, but a condition of service, necessary too in public interest and efficiency in the public administration. Unless an order of transfer is shown to be an outcome of mala fide exercise or stated to be in violation of statutory provisions prohibiting any such transfer, the courts or the tribunals normally cannot interfere with such orders as a matter of routine, as though they were appellate authorities substituting their own decision for that of the employer/management, as against such orders passed in the interest of administrative exigencies of the service concerned.
(vi) In RAJENDRA SINGH Others v. STATE OF U.P. AND OTHERS reported in JT (2009) 10 SC 187, the Hon'ble Supreme Court has considered as to the correctness of the judgment of Allahabad High Court, whether the High Court was right in considering the competence of the appellant to be posted at a particular place and the transfer was found to be not on bona fide grounds. It is worthwhile to reproduce the decisions considered by the Hon'ble Apex Court at paragraphs 5 to 7, as follows:-
W.P.(C) No.15594 of 2020 30
"5. A Government Servant has no vested right to remain posted at a place of his choice nor can he insist that he must be posted at one place or the other. He is liable to be transferred in the administrative exigencies from one place to the other. Transfer of an employee is not only an incident inherent in the terms of appointment but also implicit as an essential condition of service in the absence of any specific indication to the contrary. No Government can function if the Government Servant insists that once appointed or posted in a particular place or position, he should continue in such place or position as long as he desires [see State of U.P. v. Gobardhan Lal (2004) 11 SCC 402].
6. The courts are always reluctant in interfering with the transfer of an employee unless such transfer is vitiated by violation of some statutory provisions or suffers from mala fides. In the case of Shilpi Bose (Mrs.) and Ors. v. State of Bihar and Ors.(AIR 1991 SC 532), the Hon'ble Apex Court held thus:
"4. .....in our opinion, the courts should not interfere with a transfer order which is made in public interest and for administrative reasons unless the transfer orders are made in violation of any mandatory statutory rule or on the ground of mala fide. A government servant holding a transferable post has no vested right to remain posted at one place or the other, he is liable to be transferred from one place to the other. Transfer orders issued by the competent authority do not violate any of his legal rights. Even if a transfer order is passed in violation of executive instructions or orders, the courts ordinarily should not interfere with the order instead affected party should approach the higher authorities in the department. If the courts continue to interfere with day-to- day transfer orders issued by the government and its subordinate authorities, there will be complete chaos in the administration which would not be conducive to public interest. The High Court overlooked these aspects in interfering with the transfer orders."W.P.(C) No.15594 of 2020 31
7. In N.K. Singh v. Union of India and Ors. [(1994) 6 SCC 1998], this Court reiterated that the scope of judicial review in matters of transfer of a Government Servant to an equivalent post without adverse consequence on the service or career prospects is very limited being confined only to the grounds of mala fides or violation of any specific provision. On the facts and circumstances of the above said decision, the Hon'ble Apex Court held as follows:
"9. It is difficult to fathom why the High Court went into the comparative conduct and integrity of the petitioner and Respondent No. 5 while dealing with a transfer matter. The High Court should have appreciated the true extent of scrutiny into a matter of transfer and the limited scope of judicial review....."
10. We are pained to observe that the High Court seriously erred in deciding as to whether Respondent No. 5 was a competent person to be posted at Ghaziabad-IV as Sub- Registrar. The exercise undertaken by the High Court did not fall within its domain and was rather uncalled for. We are unable to approve the direction issued to the State Government and Inspector General of Registration to transfer a competent officer at Ghaziabad-IV as Sub-Registrar after holding that Respondent No. 5 cannot be said to be an officer having a better conduct and integrity in comparison to the petitioner justifying his posting at Ghaziabad-IV. The High Court entered into an arena which did not belong to it and thereby committed serious error of law. ................. The High Court went into the competence and suitability of Respondent No. 5 for such posting. It is here that the High Court fell into a grave error. As a matter of fact, the impugned order of the High Court casts stigma in the service of Respondent No. 5 W.P.(C) No.15594 of 2020 32 which may also act prejudicial to his interest in the pending appeal against the adverse remarks."
(vii) In AIRPORTS AUTHORITY OF INDIA v. RAJEEV RATAN PANDEY AND ORS. [(2009) 8 SCC 337], the Hon'ble Supreme Court held as follows:
"5. In the case of the State of U.P. v. Gobardhan Lal (2004)
11 SCC 402, while dealing with a matter of transfer, this Court observed that allegations of mala-fides must inspire confidence of the Court and ought not to be entertained on the mere asking of it or on consideration borne out of conjectures or surmises and except for strong and convincing reasons, no interference would ordinarily be made with an order of transfer. That the burden of proving mala- fides is on a person leveling such allegations and the burden is heavy, admits of no legal ambiguity. Mere assertion or bald statement is not enough to discharge the heavy burden that the law imposes upon the person leveling allegations of mala-fides; it must be supported by requisite materials. In the present case, as noticed above, at the threshold, no allegations of mala-fides have been pleaded in the writ petition. It is only by way of a supplementary affidavit that allegations of mala-fides have been put forth by the Respondent No. 1 but even such allegations are not supported by any material whatsoever. In a matter such as the present one where plea of mala-fides is not made in the writ petition and the assertion of mala-fides is made for the first time in a supplementary affidavit which too is not supported by any convincing and cogent material, the plea of mala-fides hardly deserved acceptance, prima facie, justifying stay of operation of a transfer order. The High Court has referred to a decision of this Court in the case of Arvind Dattatraya Dhande v. State of Maharashtra and Ors. [(1997) 6 SCC 169] but in what we have said above, that decision cannot be applied to the facts of the present case. In the writ petition, the transfer order has been assailed by the present Respondent No. 1 on the sole ground W.P.(C) No.15594 of 2020 33 that it was violative of transfer policy framed by the appellant. The High Court did not, even find any contravention of transfer policy in transferring the Respondent No. 1 from Lucknow to Calicut. In a matter of transfer of a government employee, scope of judicial review is limited and High Court would not interfere with an order of transfer lightly, be it at interim stage or final hearing. This is so because the courts do not substitute their own decision in the matter of transfer. In the present case, High Court fell into a grave error in staying the transfer order which, if allowed to stand, may cause prejudice to the administrative functioning of the appellant."
(vii) In STATE OF HARYANA AND OTHERS v. KASHMIR SINGH AND ANOTHER, reported in [(2010) 13 SCC 306], the Hon'ble Supreme Court held as follows:-
"12. Transfer ordinarily is an incidence of service, and the courts should be very reluctant to interfere in transfer orders as long as they are not clearly illegal. In particular, we are of the opinion that transfer and postings of policemen must be left in the discretion of the State authorities concerned which are in the best position to assess the necessities of the administrative requirements of the situation. The administrative authorities concerned may be of the opinion that more policemen are required in any particular district and/or another range than in another, depending upon their assessment of the law and order situation and/or other considerations. These are purely administrative matters, and it is well settled that courts must not ordinarily interfere in administrative matters and should maintain judicial restraint, vide Tata Cellular v. Union of India.
14. In our opinion, the High Court has taken a totally impractical view of the matter. If the view of the High Court is to prevail, great difficulties will be created for the State administration since it will not be able to transfer/deploy its police force from one place where there may be relative peace to another district or W.P.(C) No.15594 of 2020 34 region/range in the State where there may be disturbed law and order situation and hence requirement of more police. Courts should not, in our opinion, interfere with purely administrative matters except where absolutely necessary on account of violation of any fundamental or other legal right of the citizen. After all, the State administration cannot function with its hands tied by judiciary behind its back. As Holmes, J. of the US Supreme Court pointed out, there must be some free play of the joints provided to the executive authorities."
(viii) In NIRANJAN DASH v. STATE OF ORISSA AND ORS.
reported in (2014) 11 OLR 844: 2014 (II) ILR-CUT 1018, the Hon'ble Orissa High Court held thus:
"8. Referring to Shilpi Bose v. State of Bihar (AIR 1991 SC 532), and Gujarat Electricity Board v. Atmaram Sungomal Poshani, [1989 AIR 1433], it is held that a judicial review of an administrative action is of course permissible, but orders of transfer are interfered when:-
"(a) the transfer is malafide or arbitrary or perverse;
(b) when it adversely alters the service conditions in terms of rank, pay and emoluments;
(c) when guidelines laid down by the department are infringed and lastly;
(d) when it is frequently done;
(e) if there is a statutory infraction."
44. Retention of a Government servant in a particular station, cannot be claimed as a matter of right. Mobility of a person is permitted during COVID-19 pandemic. No one can predict when COVID-19 pandemic will be over. True that, directives issued by the Central, as well as State W.P.(C) No.15594 of 2020 35 Governments are to the effect that people should stay wherever they are and that they should not travel unnecessarily, violating COVID-19 guidelines and advisories issued from time-to-time. But that does not mean that a class of Government servants, such as Doctors, Nurses, Health Inspectors and others, should not be transferred during COVID-19 pandemic.
45. True that, the situation in Kerala is alarming. Contention that, if general transfers are allowed, 30% of the health workers will be transferred and that, all of them would have to be under self quarantine, is not supported by any material. Further contention that, if the Health Workers are transferred, their acquaintance with local places, population, families etc., will not be available to the incumbents, cannot be accepted, as every data is required to be maintained in the respective offices. All the records of the persons affected/suspicious of being affected have to be maintained and monitored, which an incumbent to the transferred place can have access.
46. Further contention that the health workers, as of right, would avail full joining time, as provided under the service rules, and if transfers are effected, the same would affect anti-Corona activities, cannot be accepted, for the reason that it is for the individual to show sufficient case for not joining the transferred station in time.
W.P.(C) No.15594 of 2020 36
In the light of the above discussion and decisions, we are not inclined to grant the relief sought for by the petitioner. Writ petition fails and accordingly, dismissed. No costs.
Sd/-
S. MANIKUMAR CHIEF JUSTICE Sd/-
SHAJI P. CHALY JUDGE krj W.P.(C) No.15594 of 2020 37 APPENDIX PETITIONER'S EXHIBITS:-
P1:- COPY OF THE G.O.(MS) NO.49/2020/GAD DATED 23.3.2020 ISSUED BY THE 5TH RESPONDENT.
P2:- COPY OF THE ORDER NO.40-3/2020-DM-1(A) DATED 24.3.2020 WITH THE ORDER NO.1-290/2020-PP (PT.II) DATED 24.3.2020 REFERRED TO AND ANNEXURE ISSUED BY THE 1ST RESPONDENT.
P3:- COPY OF THE ORDER NO.40-3/2020-DM-1(A) DATED 15.4.2020 WITH GUIDELINES AND THE AMENDING ORDER DATED 16.4.2020 ISSUED BY THE 1ST RESPONDENT.
P4:- COPY OF THE ORDER NO.40-3/2020-DM-1(A) DATED 30.5.2020 WITH GUIDELINES ISSUED BY THE 1ST RESPONDENT.
P5:- COPY OF THE ORDER NO.40-3/2020-DM-1(A) DATED 29.6.2020 WITH GUIDELINES ISSUED BY THE 1ST RESPONDENT.
P6:- COPY OF THE G.O(MS) NO.78/2020/GAD DATED 17.4.2020 ISSUED BY THE 5TH RESPONDENT.
P7:- COPY OF THE G.O(MS) NO.127/2020/GAD DATED 30.06.2020 ISSUED BY THE 5TH RESPONDENT.
P8:- COPY OF THE G.O(RT) NO.480/2020/H&FWD DATED 3.3.2020 ISSUED BY THE 4TH RESPONDENT WITH TRUE ENGLISH TRANSLATION.
P9:- COPY OF THE G.O(RT) NO.1192/2020/H&FWD DATED 26.6.2020 ISSUED BY THE 4TH RESPONDENT WITH TRUE ENGLISH TRANSLATION.
P10:- COPY OF THE G.O(RT) NO.1336/2020/H&FWD DATED 22.7.2020 ISSUED BY THE 4TH RESPONDENT WITH TRUE ENGLISH TRANSLATION.
RESPONDENTS' EXHIBITS:- NIL //TRUE COPY// P.A. TO C.J.