IMPORTANT POINT
An association can file an application on behalf of its members if individual grievances are listed, allowing for maintainability under the Administrative Tribunals Act.

JUDGMENT :

A. Muhamed Mustaque, J.

This original petition raises an important question as to the maintainability of the original application filed by the association before the Kerala Administrative Tribunal. The Tribunal, noting the Judgment in O.P (KAT) No.316 of 2014, was of the view that the application filed at the instance of association is not maintainable.

2. There cannot be much dispute to the fact that a 'person' referred to under Section 19 of the Administrative Tribunals Act, 1985 includes an association as well. A 'Person' is defined under Section 3(42) of the General Clauses Act, 1897 includes Association or body of individuals. Section 19 of the Administrative Tribunals Act, 1985 says that a person aggrieved by any order pertaining to any matter within the jurisdiction of a Tribunal may make an application to the Tribunal for the redressal of his grievance. Section 20 of the Administrative Tribunals Act, 1985 states that the Tribunal shall not ordinarily admit an application unless it is satisfied that the applicant had availed of all the remedies available to him under the relevant service rules as to redressal of grievances. A combined reading of the above provisions clearly indicates that the individuals' grievances alone can be taken up before the Tribunal.

3. In O.P. (KAT) No.316 of 2024, a Division Bench of this Court, after noting the maintainability of the application filed at the instance of an association, had held that a transfer order passed in violation of executive order can only be challenged by the aggrieved person and not by the association. We also endorse the view regarding transfer orders, the aggrieved individuals will have to challenge such orders individually. However, we note that if there are numerous individuals, nothing prevents the individuals from espousing their cause through an association, as the association also can be deemed as aggrieved. However, in that application, the details of such aggrieved persons will have to be mentioned or enlisted so as to espouse the grievances before the Tribunal.

4. Filing an original application on behalf of its members may arise in different circumstances. 1) espousing individual grievances of members. 2) common grievances of members or an association. In both scenarios, the application is maintainable. However, in respect of the first ground, the list of aggrieved will have to be furnished before the Tribunal. In the second scenario, there is no such situation as the association is espousing the common grievances of its members. The second scenario may arise in cases like challenging the Rules or any other transfer norms etc, where there may not be identical individuals but the challenge would be in respect of Rules or norms as the case may be.

5. The Tribunal in this case appears to have blindly followed the Judgment of this Court in O.P. (KAT) No.316 of 2024, wherein this Court held it in a particular circumstance of transfer, without there being an individual, such an application is not maintainable before the Tribunal. We make it clear that, if there is more than one person, all of them can join in one petition through an association to maintain the original petition. But in that process, the individuals list will have to be furnished.

6. We have gone through the prayers in this original application and we find that the substance of challenge is against Annexure A15 rejecting the representation made by the association. According to the petitioners, the rejection of the representation is not in conformity with the existing Government Order referred as Annexure A1. The reliefs sought by the petitioners are legally sustainable. We make it clear that we have not decided anything relating to the entitlement of relief sought by them. We have only decided on the question relating to the formality of the institution in filing of the original application by the association. The maintainability of the petition has to be distinguished from the entitlement fo