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2026 Supreme(Ker) 666

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Anil K. Narendran, Muralee Krishna S., JJ.
Dr. Dhanya V R – Petitioner
Versus
The State Of Kerala, Represented By The Secretary, Animal Husbandry Department – Respondent
OP(KAT) NO. 129 OF 2026
Decided On : 20-05-2026

Advocates Appeared:
For the Petitioner: Sri.Aadithyan S.Mannali
For the Respondent: Sri. A. J. Varghese, Sr. Gp

The High Court's supervisory jurisdiction under Article 227 is limited to correcting manifest errors or perverse orders and cannot be invoked as an appellate forum to interfere with administrative transfer orders absent clear evidence of mala fides or statutory violations.

Headnote:The original petition invokes Article 227 of the Constitution of India, challenging a Tribunal order that vacated an interim stay on the transfer of an employee. The petitioner, a Veterinary Surgeon, contended that her transfer was arbitrary and lacked procedural fairness, specifically arguing that the Tribunal failed to consider the absence of a response from the department head. The Court observed the limitations of supervisory jurisdiction under Art. 227, stating that it cannot sit in appeal over findings unless there is patent perversity or gross failure of justice. The primary issue concerns whether the Tribunal erred in vacating the interim order. Relying on settled precedents, the Court determined that transfer is an incident of service and an administrative prerogative. The ratio decidendi emphasizes that judicial interference in transfer orders is limited to cases of proven mala fides, statutory violation, or administrative incompetence, and the Tribunal acted within its discretion in managing its previous directions regarding staff deployment. The original petition stands dismissed, upholding the Tribunal's decision to vacate the interim protection against the transfer order.

Table of Content
1. overview of administrative transfer dispute and procedural history. (Para 1 , 2 , 3)
2. arguments concerning failure to obtain response and adequacy of pleadings. (Para 4 , 5 , 6)
3. scope and limitations of high court supervisory power under art. 227. (Para 7 , 8 , 9 , 10 , 11 , 12)
4. transfer as a managerial prerogative and requirements for judicial intervention. (Para 13 , 14 , 15 , 16 , 17)
5. application of law to the specific order and final dismissal. (Para 18 , 19)

JUDGMENT ;

Muralee Krishna S., J.

The applicant in O.A.(EKM)No.264 of 2026, on the file of the Kerala Administrative Tribunal Additional Bench at Ernakulam (‘the Tribunal’ for short) filed this original petition, invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India, challenging Ext.P5 order dated 31.03.2026 passed by the Tribunal in M.A.(EKM)No.389 of 2026 in that original application, whereby Ext.P2 interim order dated 20.02.2026 passed by the Tribunal preventing relieving of the petitioner as well as the respondents 3 and 4 from their respective stations was vacated.

2. The petitioner approached the Tribunal by filing O.A.(EKM)No.264 of 2026 under Section 19 of the Administrative Tribunals Act, 1985, seeking the following reliefs:

“1. Call for the records leading to Annexure A2 transfer order dated 19.02.2026.

2. Set aside Annexure A2 to the extent it transfers the Applicant from ADCP, Thrissur to Veterinary Dispensary, Anthikad

3. Declare that the Applicant is entitled to continue at ADCP, Thrissur.”

3. As per the pleadings in the original petition, the petitioner is a Veterinary Surgeon Grade-I presently working at the Animal Disease Control Project (ADCP), Thrissur. She had been on deputation to the State Museum and Zoo Department from September 2021 till 31.01.2026. Upon cancellation of her deputation by the order dated 22.01.2026, she was reposted to ADCP, Thrissur and she joined duty on 02.02.2026. However, within a short span of 15 days, the petitioner was transferred to Veterinary Dispensary, Anthikad, Thrissur by an order dated 19.02.2026, which was challenged by her before the Tribunal in O.A. (EKM) No. 264 of 2026. The Tribunal, by Ext.P2 interim order dated 20.02.2026, permitted the petitioner to continue at her present station at ADCP, Thrissur. The said interim protection continued in force. Subsequently, the 3rd respondent filed M.A. (EKM) No. 389 of 2026 seeking to vacate the interim order. The case of the 3rd respondent was limited to seeking a posting at Veterinary Dispensary, Korkancherry, pursuant to earlier proceedings and Government Orders. It is pertinent to note that the 3rd respondent never claimed a posting at ADCP, Thrissur, nor sought the displacement of the petitioner from her post. The petitioner, in fact, was not a party to the earlier proceedings relied upon by the 3rd respondent. Despite this, the Tribunal, by Ext.P5 order dated 31.03.2026, vacated the interim protection granted to the petitioner, on the premise that her posting at ADCP, Thrissur, was subject to compliance with earlier Tribunal directions in unrelated proceedings. The petitioner submits that the impugned order is vitiated by arbitrariness, violation of principles of natural justice, procedural impropriety, and jurisdictional error. The order also results in selective prejudice to the petitioner while favouring the 3rd respondent, without any legal basis. No reply statement is filed by the 2nd respondent. Aggrieved by the said Ext.P5 order dated 31.03.2026 passed by the Tribunal, the petitioner has approached this Court invoking its supervisory jurisdiction.

4. Heard the learned counsel for the petitioner and the learned Senior Government Pleader. Considering the nature of the reliefs sought in the original petition, issuance of notice to respondents 3 and 4 is dispensed with.

5. The learned counsel for the petitioner would submit that the Tribunal ought not have passed the impugned order without obtaining

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