Court affirmed that compassionate grounds can influence transfer decisions; the authority's discretion prevails unless there's a clear breach of rights or malafide actions.

JUDGMENT

Muralee Krishna, J.

The applicant in O.A.(EKM) No.180 of 2025 on the file of the Kerala Administrative Tribunal, Additional Bench at Ernakulam (the ‘Tribunal’ in short) filed this original petition, invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India , challenging the order dated 21.07.2025 passed by the Tribunal in that original application.

2. Going by the averments in the original application, the petitioner is presently working as a Consultant ENT at General Hospital Thrissur. The petitioner is getting superannuation on 31.05.2026 and has less than 2 years of service. Further, the petitioner belongs to the scheduled caste category. The petitioner's wife is working in Thrissur District, and their only daughter is studying in Ernakulam District. The petitioner is having a preferential right and claim as per the General Rules of transfer guidelines and norms. But, a draft list was prepared by rejecting the claims of the petitioner, and hence the petitioner has preferred appeals before respondents 1 and 2. But, shockingly, the respondents have sanctioned a transfer order by posting the 5^th respondent to General Hospital Ernakulam. The petitioner has a preferential right and claim over the 5^th respondent for getting transferred to the General Hospital, Ernakulam. Further, the petitioner has completed 3 years of service at General Hospital Thrissur, and the 5^th respondent has completed only 1 year of service at General Hospital Kottayam. On 04.10.2024, the Health and Family Welfare Department issued Annexure A6, by sanctioning General Transfer of the Consultant (ENT) Medical officers of the Department. The above order is violating the principles of law and violating the General Transfer guidelines and their attached preferential criteria. Aggrieved by the above Government Order, the petitioner has approached the Tribunal and subsequently filed Annexure A7 statutory appeal to the 1^st respondent. Vide Annexure A8 order dated 08.10.2024, the Tribunal directed the 1^st respondent to consider and pass orders on Annexure A8 appeal at the earliest. But, the 1^st respondent passed Annexure A9 order dated 06.01.2025 in a mechanical and illegal manner without considering the contentions of the petitioner. Hence, the petitioner-applicant approached the Tribunal with the original application filed under Section 19 of the Administrative Tribunals Act , 1985, seeking the following reliefs:

“i. Quash Annexure A9 order of the 1^st respondent by finding that it is illegal.

ii. Quash Annexure A2 draft list and A6 final transfer order by finding it as illegal, to the extent that it violates the principles of natural justice to the applicant and it is passed against the provisions of law.

iii. Direct the respondents 1 and 2 to consider and allow the contentions and claims of the applicant, raised in Annexure A4, A5 and A7 appeals, by giving preferential rights to the applicant as per the Annexure A1 guidelines for General Transfer for the year 2024 issued by the Health and Family Welfare Department.

iv. Direct the respondents 1 and 2 to give transfer and posting to the applicant to General Hospital Ernakulam from General Hospital Thrissur, forthwith by giving preferential rights to the applicant as per the Annexure A1 guidelines for General Transfer for the year 2024 issued by the Health and Family Welfare Department.

v. Direct the respondents 1 and 2 to give transfer and posting to the applicant to General Hospital Ernakulam from General Hospital Thrissur, forthwith by giving preferential rights to the applicant as per the Annexure A1 guidelin