JUDGMENT

ALEXANDER THOMAS, J.

The prayers in the afore captioned Original Petition filed under Articles 226 & 227 of the Constitution of India are as follows [See page No.10 & 11 of the paper book of this O.P]:

“(i) Set aside/modify P5 final order dated 12-02-2021 in O.A

Mo.150/2021 of the Kerala Administrative Tribunal, to the extent it doesn’t permit the applicant to continue in the Home Department till the Government consider A13 request of the petitioner directed to be considered in P5 order of the Tribunal.

(ii) Issue further directions directing the 1 st respondent to consider A13 request of the petitioner withdrawing his consent for deployment, taking into account the fact that there is no policy of compulsory deployment of LD Clerks working in Home Department and further direct the respondents to permit the petitioner to continue as LD Clerk in the office of the 4 th respondent till finalization of A13 request by setting aside A14 relieving order.

(iii) Issue any other writ, order or direction as deemed fit by this Honourable Court.”

2. Heard Sri.Paulson Thomas, learned counsel appearing for the petitioner in the O.P/sole applicant in the O.A before the Tribunal and Sri.B.Vinod, learned Senior Government Pleader appearing for respondents in the O.P/respondents in the O.A before the Tribunal.

3. The prayers in Ext.P1 O.A No.150/2021 filed by the petitioner herein before the Kerala Administrative Tribunal, Thiruvananthapuram Bench are as follows [See page No.29 & 30 of this paper book]:

“(i) Declare that non acceptance of applicant’s request withdrawing his consent for redeployment to LSGD is arbitrary, illegal and violative of Article 14.

(ii) Set aside A4 Government order redeploying the applicant to LSGD and the consequential orders A5, A9 and A10 in so far as it concerns the applicant and also A12 communication of the 1 st respondent.

(iii) Issue appropriate directions directing the respondents to permit the applicant to continue in the Home Department.

(iv) Set aside A14 relieving order.

(v) To grant such other reliefs as may be prayed for in the circumstances of the case.

4. The Tribunal after hearing both sides has rendered the impugned Ext.P5 final order dated 12-02-2021 in O.A No.150/2021, wherein the following directions have been issued at para 5 on internal page No.5 thereof [See page 88 of this paper book of this O.P], which reads as follows:

“ The Original Application is disposed of directing the 1 st respondent to consider and pass appropriate orders on Anx.A13 representation in accordance with law and affording an opportunity of hearing/virtual hearing to the applicant within a period of 2 months from the date of receipt of a certified copy of this order. In the meanwhile, the applicant is permitted to join duty at Vengad Grama Panchayat as per Anx.A10 order. It is made clear that the redeployment to the LSGD and his posting at Vengad Grama Panchayat as per Anx.A10 will be treated as provisional subject to the final orders to be issued by the 1 st respondent on Anx.A13 representation.”

5. The petitioner is fully satisfied in the main directions issued by the Tribunal inasmuch as the 1 st respondent in the O.A had been directed to consider and pass orders on Anx.A13 representation filed by him in accordance with law and after hearing him within two months, etc. But the petitioner is aggrieved by Ext.P5 to the extent that no direction has been issued therein to permit him to continue in the post in the Police Department pending consideration and disposal of Anx.A13 representation and on the other hand, the Tribunal has ordered that, in the meanwhile the petitioner may join duty in the Panchayat concerned as per the impugned Anx.A10 order and that posting on redeployment of the petitioner to the LSG Department at Vengad Grama Panchayat as per Anx.A10 will be provisional