IMPORTANT POINT
Only individuals directly affected by a transfer order have the standing to challenge it under the Kerala Administrative Tribunals Act, 1985.

JUDGMENT :

P.G. Ajithkumar, J.

Respondents No.1 and 2 in OA(EKM) No.984 of 2024 pending before the Kerala Administrative Tribunal (Additional Bench), Ernakulam are the petitioners. They seek to set aside Exts.P2 and P6 and to declare Annexure A12 order legal and valid. Exts.P2 and P6 are two interim orders issued by the Tribunal.

2. Respondents No.1 and 2 filed O.A.(EKM) No.984 of 2024. In that original application filed under Section 19 of the Kerala Administrative Tribunals Act, 1985 (for short “the Act”) they sought, inter alia, to quash Annexure A12 order to the extent it relates to respondents No.3 to 44. It is seen that respondents No.45 to 47 got themselves impleaded. Annexure A12 is an order issued by the 1st petitioner ordering transfer of Senior Veterinary Surgeon and Assistant Director in the Animal Husbandry Department. List No.1 in Annexure A12 is concerning promotion of Veterinary Surgeons. List No.2 is concerning transfer of Senior Veterinary Surgeon/Assistant Director on administrative ground. List No.3 in it relates to transfer of Veterinary Surgeons, Senior Veterinary Surgeons and Assistant Directors.

3. Respondent No.1 claims it is the only registered association of Kerala Government Veterinary Officers working under the Directorate of Animal Husbandry. The 2nd respondent is a Senior Veterinary Surgeon, who aspires to get a transfer in the next general transfer. The respondents challenge Annexure A12 order on many grounds; the essential grounds are the following :

(i) Annexure A1 is the guidelines issued by the Government in regard to the general transfer of Government employees in various departments. The Kerala Administrative Tribunal by various orders directed the Animal Husbandry Department to implement Annexure A1. As per Annexure A6 the Kerala Administrative Tribunal specifically directed the 2nd petitioner to initiate proceedings for the general transfer, 2023 in tune with the guidelines contained in Annexure A1. The Tribunal subsequently as per Annexure A8 dated 22.11.2023 directed the 2nd petitioner to complete the process of online transfer within six weeks from the date of receipt of a copy of that order. That order was issued in modification of Annexure A6 order dated 10.03.2023. Inspite of the said direction, the petitioners did not effect general transfers in terms of Annexure A1; instead effected transfers as per Annexure A12;

(ii) The Kerala Administrative Tribunal, in fact, has directed to effect interim transfers, if any, only in accordance with the queue list. But the petitioners in total disregard of the said directions ordered transfer of respondents No.3 to 44 in terms of Annexure A12; and

(iii) Since transfers are effected other than by way of general transfer, that resulted negation of the right of other incumbents to get postings at the places, which they aspire to. The transfers effected as per Annexure A12, particularly concerning respondents No.3 to 44 are therefore illegal and violative of the provisions in Annexure A1.

4. The Tribunal granted Ext.P2 order dated22.07.2024 invoking the provisions of Section 24 of the Act directing not to implement transfers as per List No.III in Annexure A12 for a period of one month. The petitioners entered appearance and filed M.A.No.1155 of 2024 seeking to vacate the said interim order. A reply-statement was also filed. The Tribunal as per Ext.P6 declined to vacate the interim order dated 22.07.2024. The said order reads as follows :

“The 1st respondent filed reply-statement as well as MA (EKM) No.1155/2024 seeking to vacate the interim order dated 22.07.2024.

Prima facie this Tribunal is not convinced to vacate the interim order. However, the Original Application is posted for hearing on 19.08.2024. The applicant shall file rejoinder if any. The additional respondents shall file reply-statement.”

5. Heard the learned Senior Government Pleader, learned counsel for respondent Nos.1 and 2 and the learned counsel for other party respondents.

6. The learned co