Antony Dominic, J.
The original petition is filed challenging Ext.P2 order passed by the Kerala Administrative Tribunal allowing O.A.994/2014 filed by the respondent herein. Respondent is an Assistant Professor in the Department of Commerce, P.T.M. Government College, Perinthalmanna, Malappuram district. By Annexure A3 order, he was transferred to EKNM College, Elarithattu in Kasargod district. It was this order which was under challenge before the Tribunal and by the impugned order , the Tribunal set aside the order and directed that the respondent be retained in the college at Perinthalmanna. In this original petition, the challenge is against the said order passed by the Tribunal.
2. We heard the learned Government Pleader appearing for the petitioners. According to the learned Government Pleader the order was issued purely on administrative grounds, which according to him was the necessity of an experienced teacher at the EKNM College, O.P.(KAT)No.392 OF 2014 : 2 :
Elarithattu. The Government Pleader states that when such an order is passed considering administrative exigencies, the Tribunal should not have interfered with the same.
3. However, on a consideration of the facts as disclosed in the O.A. and the order passed by the Tribunal, we are unable to agree with him. It was the case of the respondent that a group of students belonging to a students organization owing allegiance to the political party now holding the education portfolio was at loggerheads with the respondent and had declared that he will be shifted from the college. It is also seen that though on 27.5.2014 general orders of transfer were issued which did not include the name of the respondent, on 31.5.2014 Annexure A3 order of transfer was issued transferring the respondent. This was based on a note given by the Minister in charge of Education portfolio, directing that the respondent may be transferred out from the college with immediate effect on administrative grounds. It was on that basis that Annexure A3 order was issued transferring him.
4. The reason that EKNM College, Elarithattu required an experienced teacher and it was therefore that the respondent was O.P.(KAT)No.392 OF 2014 : 3 :
transferred is not only unsubstantiated but in the circumstances of the case is an afterthought. It was in the said circumstances that the Administrative Tribunal found that the transfer of the respondent is a malafide exercise of power and interfered with the order. We see absolutely no reason to take a different view in the matter.
Original Petition is dismissed.
Sd/-
ANTONY DOMINIC, Judge jes Sd/-
ANIL K. NARENDRAN, Judge