JUDGMENT

Alexander Thomas, J.

The 1st respondent herein has filed the instant Ext.P1 Original Application, O.A.No.2152 of 2021 before the Kerala Administrative Tribunal, Thiruvananthapuram Bench on 18.11.2021, with the following prayers:

“i) Call for the records leading to Annexure A-1 and quash the same to the extent it transfers the applicant from his present station, Directorate of Mining and Geology to District Office, Kozhikode.

ii) Direct the Respondents 1 and 2 to retain the applicant at his present station at the Directorate of Mining and Geology.

iii) Such other and further reliefs as this Hon'ble Tribunal may deem fit and proper in the circumstances of the case.”

2. The interim prayer/interim relief raised in Ext.P1 Original Application is as follows:

“.......... to stay the operation and implementation of Annexure A-1 order to the extent it transfers the applicant from his present station at the Directorate of Mining and Geology to District Office, Kozhikode and direct the Respondents 1 and 2 to retain the applicant at his present station at the Directorate of Mining and Geology, Thiruvananthapuram.”

3. The Tribunal has initially passed Ext.P2 interim order dated 18.11.2021 in the instant O.A.No.2152 of 2021 which reads as follows:

“Applicant is a Geologist who impugns Annexure A1 order of transfer. As per Annexure A1 order dated 17.11.2021 the applicant is transferred and posted to District Office, Kozhikode against a vacancy which has arisen due to the promotion of the incumbent Geologist who is now promoted as per the same order, as Deputy Director and is posted in the Directorate of Mining and Geology. It is stated that the above order dated 17.11.2021 was published in the official website only on 18.11.2021. The applicant seeks retention at the Directorate pointing out that he was posted at the Directorate only in the year 2019.

2. The learned Government Pleader, submits that the applicant has been continuing at Thiruvananthapuram from the year 2016 and has completed more than 5 years and the transfer was necessitated due to the promotion order. It is also submitted that relieving orders have been duly issued on the F.N of 18.11.2021. This fact is disputed by the counsel for the applicant who states that the applicant is a gazetted officer who is on leave today.

Post on 23.11.2021. The learned Government Pleader will get instructions as to availability of a vacancy of Geologist at the Directorate and whether the applicant could be retained against the above post. Learned Government Pleader will also make available the relieving orders, if any, issued as on 18.11.2021.

Status quo, as on today will be maintained till 23.11.2021.”

4. Later, when the official respondents in the O.A. had apprised the Tribunal that the original applicant was already relieved from service, as on the date on which Ext.P2 interim order of status quo was rendered by the Tribunal on 18.11.2021 and that R3 in the O.A./R2 herein Smt.Geetha S.R. had already taken charge in the post in the head office at Thiruvananthapuram held by the applicant, etc., the Tribunal has passed the impugned Ext.P6 interim order dated 08.12.2021, ordering to retain the applicant in the post in the Directorate at Thiruvananthapuram, until the final disposal of the O.A.

5. Now the State of Kerala and the Director of Mining and Geology/respondents 1 & 2 in the O.A. have filed the instant Original Petition under Articles 226 & 227 of the Constitution of India, with the following prayers:

“1. To set aside Exhibit P6 Interim Order dated 08.12.2021 of the Kerala Administrative Tribunal in O.A.No.2152/2021 and dismiss the Exhibit P1 Original Application.

2. To issue other reliefs, this Honourable Court may deem fit in the Original Application.”

6. Heard Sri.Antony Mukkath, learned Senior Government Pleader appearing for the petitioners in the O.P./official respondents 1 & 2 in the O.A. and Sri.M.Fathahudeen, learned Advocate appearing for R1 in the O.P./sole original applicant in the O.A