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2025 Supreme(Online)(Ker) 49230

IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K. NARENDRAN, MURALEE KRISHNA S.TH, JJ
SIRAJUNNISA MAITHEEN – Appellant
Versus
STATE OF KERALA – Respondent
OP(KAT) NO. 411 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.T.T.MUHAMOOD, SRI.A.RENJIT, SHRI.GOKUL R.NAIR, SHRI.ANSALAM N.X
For the Respondents: SMT. MARY BEENA JOSEPH

The High Court's supervisory jurisdiction under Article 227 does not extend to interfering with transfer orders unless grounded in mala fide, statutory violations, or evident injustices.

Headnote:(A) Constitution of India - Article 227 - Supervisory jurisdiction of High Court - Original petition filed to challenge transfer order and subsequent rejection of transfer request by the Tribunal - Petition dismissed as the transfer was deemed within administrative discretion, and no mala fide intentions or statutory violations were alleged. (Paras 10-23)

(B) Transfer of Government Employees - Jurisdiction of High Court to interfere in transfer orders is limited - Principles laid in various cases affirming transfer as an incident of service - No interference warranted in absence of mala fide, statutory violations, or compelling reasons for change. (Paras 10-12, 21-22)

Facts of the case:
The petitioner submitted that her transfer to a distant location was unjust, particularly as her request for a transfer to a closer station was denied while another employee continued at the preferred station for over ten years.

Findings of Court:
The Tribunal found no compelling reason to interfere with transfer orders under applicable guidelines which allowed discretion to the employer.

Issues: Whether the Tribunal’s decisions and reasoning were perverse given the petitioner’s long-distance service postings and requests for a closer transfer.

Ratio Decidendi: Interference in transfer orders under Article 227 is limited; the necessity of administrative discretion in employee transfer matters must be respected, and no compelling malafides were presented in this case.

Result: Original petition dismissed.

Table of Content
1. challenge to transfer order. (Para 1 , 2 , 3)
2. arguments regarding administrative transfer guidelines. (Para 6 , 7)
3. judicial tests and standards for supervisory jurisdiction. (Para 10 , 11 , 13)
4. conditions under which transfer orders can be challenged. (Para 16 , 19 , 21)
5. conclusion of the court dismissing the petition. (Para 22 , 23)

JUDGMENT

Muralee Krishna, J.

The applicant in O.A.(EKM)No.527 of 2024 on the file of the Kerala Administrative Tribunal, Additional Bench at Ernakulam (the ‘Tribunal’, in short), filed this original petition, invoking supervisory jurisdiction of this Court under Article 227 of the Constitution of India , challenging the order dated 18.09.2025 passed by the Tribunal in that original application.

2. The original application was filed by the petitioner before the Tribunal seeking the following reliefs:

“i) Set aside Annexure A5 order issued by the 1st respondent.

ii) Set aside Annexure A2 order to the extent of transferring the applicant to Taluk Industries Office, Aluva.

iii) Direct the respondents No.1 to 3 to transfer and post the applicant to Taluk Industries Office, Kothamangalam, displacing the 4th respondent”.

3. Going by the averments in the original petition, the petitioner, an Office Attendant and a native of Pallarimangalam, near Kothamangalam, filed the Original Application bearing O.A.(EKM) No.527 of 2024 before the Kerala Administrative Tribunal, Ernakulam, under Section 19 of the Administrative Tribunals Act , 1985, challenging Annexure A2 transfer order dated 28.11.2023 issued by the 3rd respondent, transfering the petitioner from Taluk Industries Office, North Paravoor to the Taluk Industries Office, Aluva, and Annexure A5 order dated 14.03.2024 of the 1st respondent rejecting her request for transfer to the Taluk Industries Office, Kothamangalam, where the 4th respondent has been continuously posted for over ten years. Despite the petitioner serving at distant locations, North Paravur and Aluva, approximately 80 km and 62 km respectively from her residence, her long-standing request for a transfer closer to home was denied. Meanwhile, the 4th respondent has been allowed to continue at Kothamangalam, citing Annexure A6 general transfer restrictions for last-grade employees under G.O.(P) No.3/17/P&RD dated 25.02.2017. The petitioner earlier approached the Tribunal by filing OA (EKM) No.2005 of 2023, following which her representation was rejected through Annexure A5 order. It is challenging Annexures A2 and A5 orders; the petitioner approached the Tribunal with the present Original Application.

4. Before the Tribunal, on behalf of the 2nd respondent, a reply statement dated 29.06.2024 was filed opposing the reliefs sought in the original application.

5. After hearing both sides and on appreciation of materials on record, the Tribunal, by the impugned Ext.P3 order dated 18.09.2025, dismissed the original application. Paragraphs 6 and 7 and the last paragraph of that order read thus:

“6. Learned Counsel for the applicant vehemently argued that Annexure A6 Transfer Guidelines (GO(P)No.3/2017/P&ARD dated 25.2.2017) are applicable to the last grade servants and there is no prohibition against their general transfer. We find that the said Guidelines only provide that transfers "can be" effected within the district. At the same time it also provides that the last grade employees would not be transferred in the absence of compelling reasons.

7. The contention raised by the applicant that the protection to Scheduled Caste/Tribe employees and inter-caste married couples are available for a maximum period of five years, as per Annexure A6 Norms cannot also be accepted when general transfer is not normally permitted for the last grade servants. In the circumstances, we do not find any reason to interfere with Annexure A5 order.

The Original Application is accordingly dismissed.”

6. Being aggrieved by the aforesaid order of the Tribunal, the petitioner is now before this Court wit

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