M ASOKAN Vs. UNION OF INDIA

JUDGEMENT

(1.) THE applicant an officer of the TES Group B officiating as Assistant General Manager (Administration) in the office of the General Manager, Telecommunications, Kerala Circle, Kannur has filed this application under Section 19 of the Administrative Tribunals Act challenging the validity of the impugned order Annexure A1 dated 27.9.2006 by which he was transferred from Kerala Telecom Circle to North East Telecom Circle with immediate effect.

(2.) The material allegations in the application can be briefly stated as follows.

(3.) ON behalf of respondents 1 to 3 a reply statement was filed by the Deputy General Manager (Administration) in the office of the Principal General Manager, Telecom, Ernakulam. The allegations of malafides are refuted. It is contended that the applicant who is a very senior hand and has the longest stay in Kerala Circle is required to man the North East Circle and the therefore his transfer being in public interest is unexceptionable. It is further contended that while ordering transfers it is not always necessary that the seniormost or the juniormost need be transferred and that the applicant who is holding a post which has got an All India transfer liability has no right to claim that he should be allowed to continue in Kerala Circle. They contend that the application which is devoid of any merit may be dismissed and that a similar application filed by Shri SS Thampi who was also transferred almost at the same time has been dismissed by the Tribunal vide its orders dated 10.10.2000 in O.A. 1063/2000.