Aneesh B vs Director General, Fire & Rescue Services Headquarters

Type Court Judgment Court Kerala Decided Apr 19, 2022

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Citation: sooperkanoon.com/1472795
Court: Kerala High Court
Judge: Honourable Mr.Justice V.G.Arun,Honourable Mrs. Justice C.S. Sudha
Decided On: Apr 19, 2022
Case Number: OP(KAT)/111/2022

Parties & Advocates

Appellant / Petitioner

Aneesh B

Respondent

Director General, Fire & Rescue Services Headquarters

Excerpt

.....up for admission on 19.04.2022, the court on the same day delivered the following: o.p.(kat) no.111/2022 3judgmentthe challenge in this original petition is against the refusal of the kerala administrative tribunal to stay the petitioners' transfer. by ext.p1 interim order dated 8.4.2022, the tribunal made the transfers subject to further orders in the original application and directed the learned government pleader to get specific instructions on the contention of the applicants that they are being penalised for having obeyed the directions issued by their superior officers.2. learned counsel for the petitioners argued that the onlyfault committed by the petitioners' is of having obeyed the commands of their superior officers and if at all any action is to be taken, that should be against the persons who issued the direction.3. from ext.p1 order it is evident that this aspect is beingseriously considered by the kerala administrative tribunal. in such circumstances, it is inappropriate for this court to enter into the same exercise, invoking the jurisdiction under article 227 of the constitution of india.4. the original petition is hence closed, reserving theo.p.(kat) no.111/2022 4 petitioners' liberty to raise all contentions before the kerala administrative tribunal. learned counsel for the petitioners seeks a direction to the tribunal to take up the original application for consideration expeditiously. we have no doubt that if such a request is made by the petitioners, the tribunal will do the needful. sd/- v.g.arun, judge sd/- c.s.sudha,judge csl o.p.(kat) no.111/2022 5 appendix of op(kat) 111/2022 petitioners' exhibits : exhibit p1 true copy of the order dated 08.04.2022 in o.a. (ekm) no.628/2022 of the kerala administrative tribunal, ernakulam bench. exhibit p2 true copy of o.a.(ekm) no.628/2022 of the kerala administrative tribunal, ernakulam bench, with annexures-a1 to a8. respondents' documents : nil

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN & THE HONOURABLE MRS. JUSTICE C.S. SUDHA TUESDAY, THE 19TH DAY OF APRIL 2022 / 29TH CHAITHRA, 1944 OP(KAT) NO.111 OF 2022 (Arising out of the order dated 8.4.2022 in O.A.(EKM) No.628/2022 of KAT, Ernakulam Bench) PETITIONERS/APPLICANTS: 1 ANEESH B AGED 36 YEARS S/O.BHASKARAN PILLAI, FIRE & RESCUE OFFICER (6304), PIN - 683 101, RESIDING AT GEETHA NIVAS, KUTHIRAPPANDHI P.O., THAZHAVA, KOLLAM DISTRICT, PIN - 690 523, MOB:7510812458., PIN - 690523
2 SAJAD M. AGED 33 YEARS S/O. MOIDEENKUNJU, FIRE & RESCUE OFFICER (6445), PIN - 683 101, RESIDING AT CHEERPANGAL HOUSE, NORTH EZHIPPURAM, MARAMPALLY P.O., ALUVA VIA, ERNAKULAM DISTRICT,PIN - 683105 3 RAHUL DAS Y.A. AGED 30 YEARS S/O M. YESUDAS, FIRE & RESCUE OFFICER (8011), PIN - 683 101, RESIDING AT ALAMPAZHANJI HOUSE, PUTHIYAN KULANGARA, ARAYOOR P.O., THIRUVANANTHAPURAM DISTRICT, PIN - 695122 BY ADVS. BABU JOSEPH KURUVATHAZHA K.S.ARCHANA MOHAMMED SHAFI.K RESPONDENTS/RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT DEPARTMENT OF HOME AFFAIRS, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM, PIN - 695001 O.P.(KAT) No.111/2022 2 2 DIRECTOR GENERAL, FIRE & RESCUE SERVICES HEADQUARTERS THAMPANOOR MASJID ROAD, CHENKALCHOOLA, THIRUVANANTHAPURAM, PIN - 695 001. 3 THE REGIONAL FIRE OFFICER FIRE AND RESCUE DEPARTMENT, GANDHI NAGAR, ERNAKULAM DISTRICT, PIN- 682 020. 4 THE DISTRICT FIRE AND RESCUE OFFICER FIRE AND RESCUE SERVICE, GANDHI NAGAR, ERNAKULAM DISTRICT, PIN-682 020.

5 THE STATION OFFICER FIRE AND RESCUE STATION, ALUVA, ERNAKULAM DISTRICT, PIN-683 101. SRI.T.K.VIPINDAS, SR.GOVERNMENT PLEADER THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION ON 19.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.(KAT) No.111/2022 3

JUDGMENT

The challenge in this Original Petition is against the refusal of the Kerala Administrative Tribunal to stay the petitioners' transfer. By Ext.P1 interim order dated 8.4.2022, the Tribunal made the transfers subject to further orders in the Original Application and directed the learned Government Pleader to get specific instructions on the contention of the applicants that they are being penalised for having obeyed the directions issued by their superior officers.

2. Learned counsel for the petitioners argued that the only

fault committed by the petitioners' is of having obeyed the commands of their superior officers and if at all any action is to be taken, that should be against the persons who issued the direction.

3. From Ext.P1 order it is evident that this aspect is being

seriously considered by the Kerala Administrative Tribunal. In such circumstances, it is inappropriate for this Court to enter into the same exercise, invoking the jurisdiction under Article 227 of the Constitution of India.

4. The Original Petition is hence closed, reserving the

O.P.(KAT) No.111/2022 4 petitioners' liberty to raise all contentions before the Kerala Administrative Tribunal. Learned counsel for the petitioners seeks a direction to the Tribunal to take up the Original Application for consideration expeditiously. We have no doubt that if such a request is made by the petitioners, the Tribunal will do the needful. Sd/- V.G.ARUN, JUDGE Sd/- C.S.SUDHA,JUDGE csl O.P.(KAT) No.111/2022 5 APPENDIX OF OP(KAT) 111/2022 PETITIONERS' EXHIBITS : Exhibit P1 TRUE COPY OF THE ORDER DATED 08.04.2022 IN O.A. (EKM) NO.628/2022 OF THE KERALA ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH. Exhibit P2 TRUE COPY OF O.A.(EKM) NO.628/2022 OF THE KERALA ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH, WITH ANNEXURES-A1 TO A8. RESPONDENTS' DOCUMENTS : NIL

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