ANTONY DOMINIC, J.
This Original Petition is filed by the applicant in O.A.No.1299 of 2013 filed before the Kerala Administrative Tribunal, which was rejected by the Tribunal by its order dated 10/10/2013.
2. Briefly stated the facts of the case are that the petitioner joined Revenue Department as a Villageman. Subsequently in the year 2011, he was advised by the Public Service Commission for appointment as LDC from out of a common ranked list, for appointment to the post of LDC in the Civil Supplies Department. Accordingly he joined the Civil Supplies Department as LDC on 01/06/2011. While working in the Civil Supplies Department as LDC, the petitioner submitted Annexure-A6 representation dated 09/08/2011 requesting for an inter departmental transfer to the Revenue Department. That was considered and rejected by the 2nd respondent by Annexure-A7 order dated 13/2/2012 informing the petitioner that the inter departmental transfer is not being allowed in the Revenue Department. It was challenging this order the Original Application was filed.
3. Before the Tribunal the respondents took up the contention that, for inter departmental transfer, an employee like the petitioner should have the minimum 5 years service in the Department. According to them, as the petitioner did not satisfy that requirement of 5 years' service, he was ineligible to apply for inter departmental transfer. Accepting this contention the Tribunal rejected the application by the impugned order.
4. We heard the learned counsel for the petitioner and also the learned Government Pleader.
5. As we have already stated, the only reason stated in the order passed by the 2nd respondent for rejecting the application made by the petitioner is that inter departmental transfer is not allowed in the Revenue Department. However, in the statement made before the Tribunal itself, the 2nd respondent has stated thus in paragraph '2':-
“Since 2009, inter department transfer was not being given to any one in this department due to some issues regarding seniority. Now Revenue Department decided to give inter department transfer to eligible Government servants according to the vacancy. As per the order from the Government inter department transfer was allowed to two LD Clerks who were appointed in Head Quarters vacancy.”
Reading of the above therefore shows that the prohibition on inter departmental transfer in the Revenue Department has since been lifted and requests are entertained subject to the condition that all other requirements specified by the Government for inter departmental transfer are satisfied.
6. In this case the request of the petitioner was not examined by the 2nd respondent on merits. On the other hand, it was rejected on account of the fact that at that time inter departmental transfers were not being allowed in the Revenue Department. Now that the prohibition has since been lifted, we feel that this is a fit case in which a direction can be issued to the 2nd respondent to re-consider Annexure-A6 application made by the petitioner on merits. In order to enable him to do so, we set aside the order dated 13/2/2012 rejecting Annexure- A6 application and also set aside the order passed by the Tribunal dismissing O.A.No.1299 of 2013.
7. The Original Petition will stand disposed with a direction to the 2nd respondent to consider afresh Annexure-A6 application made by the petitioner on 09/08/2011 requesting for inter departmental transfer to Revenue Department and pass orders thereon. This shall be done, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a copy of this judgment and before orders are passed, the petitioner shall also be given an opportunity to make representations in this matter.
The petitioner will produce a copy of this judgment to the 2nd respondent for information and compliance.
ANTONY DOMINIC, JUDGE ANIL K.NARENDRAN, JUDGE skj