2025:KER:29917 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL & THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947 OP (CAT) NO. 31 OF 2025 AGAINST THE ORDER DATED 26.03.2025 IN OA NO.415 OF 2023 OF CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH PETITIONERS/APPLICANTS 1 TO 3 AND 5 TO 7: 1 P. SURESH, AGED 56 YEARS, S/O. LATE M. GOPALAN, UDC, AKASHAVANI, KOZHIKODE, RESIDING AT SREELAYAM, KUNDUPARAMBA, P.O. KARUVISSERI, KOZHIKODE, PIN - 673010 2 ANJU DHARMANAND, AGED 47 YEARS W/O. K.T. ANILKUMAR, UDC, AKASHAVANI, KOZHIKODE, RESIDING AT KUZHUPALLY, TIRUNELLY, P.O. PANTHEERANKAVU, CALICUT, PIN - 673019 3 MINI ANILKUMAR, AGED 56 YEARS W/O. K. ANILKUMAR, UDC, AKASHAVANI, KOZHIKODE, RESIDING AT TKM QUARTERS, P.O. POOKAYIL, TIRUR-, PIN - 676107 4 JOSAN.B. VALIYAKAKKANATTU, AGED 55 YEARS S/O. V.C. BABYKKUTTY, UDC, AKASHAVANI, KANNUR, RESIDING AT VALIYAKAKKANATTU HOUSE, KOTTALI, KANNUR, PIN - 670005 5 M. SHEEBA NAMBIAR, AGED 50 YEARS W/O. VENUGOPAL, UDC, AKASHAVANI, KANNUR, RESIDING AT VENUS, DEVI ROAD, PALLIKUNNU, KANNUR, PIN - 670004 2025:KER:29917 OP (CAT) NO. 31 OF 2025 2 6 SURESH BABU.C.H., AGED 54 YEARS S/O. LATE APPU.P., UDC, AKASHAVANI, KANNUR, RESIDING AT PSRA-23, PEROLE, NILESHWAR, KASARGOD, PIN - 671314 BY ADVS. K.R.GANESH ELVIN PETER P.J. (SR.) ADARSH BABU C.S. RESPONDENTS/RESPONDENTS AND APPLICANTS NO.4: 1 THE SECRETARY, MINISTRY OF INFORMATION & BROADCASTING, SHASTRI BHAVAN, NEW DELHI, PIN - 110001 2 THE CHIEF EXECUTIVE OFFICER PRASAR BHARTI, PRASAR BHARTI SECRETARIAT, 7TH FLOOR, MANDI HOUSE, COPERNICUS MARG, NEW DELHI, PIN - 110003 3 THE DIRECTOR GENERAL, AKASHAVANI, AKASHAVANI BHAVAN, PARLIAMENT STREET, NEW DELHI, PIN - 110001 4 THE DEPUTY DIRECTOR GENERAL (E), AKASHAVANI, THIRUVANANTHAPURAM, PIN - 695036 5 THE ADDITIONAL DIRECTOR GENERAL (E()(SZ) AKASHAVANI & DOORDARSHAN, SWAMI SIVANANDA SALAI CHEPAUK, CHENNAI - 600005 6 THE SECRETARY MINISTRY OF FINANCE, DEPARTMENT OF EXPENDITURE, NORTH BLOCK, NEW DELHI, PIN - 110001 7 BINDU.V.P. W/O. K.C. SUDHEER, ASSISTANT, AKASHAVANI, KOZHIKODE, RESIDING AT DIVYASREE, BILATHIKULAM, P.O. ERANHIPALAM, CALICUT, PIN - 673006 2025:KER:29917 OP (CAT) NO. 31 OF 2025 3 SRI C DINESH DSGI IN CHARGE THIS OP (CAT) HAVING COME UP FOR ADMISSION ON 07.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:29917 OP (CAT) NO. 31 OF 2025 4 JUDGMENT AMIT RAWAL, J. The present original petition is directed against Ext.P6 interim order dated 26.03.2025, filed in pending OA No.415 of 2023, in Miscellaneous Application No.353 of 2024. 2. The grievance of all petitioners in the pending OA was that, they have been working in the Department of Prasar Baharati at Kannur and Kozhikode as U.D. Clerk. Vide Annexure A8 order of 19.6.2023, it was decided to temporarily shift the various Administrative Cadre posts in the South Zone, like Assistant, UDC etc., relevant is UDC, consisting of number of posts from Station Kendra to Akashvani, Kochi. Consequent to Annexure A1 order dated 22.08.2023, twelve(12) UDCs from various places, ie., Thrissur, Alappuzha, Kannur, Kozhikode were transferred to Kochi. The thrust of the argument and ground raised was that the transfer also amounts to shifting of the cadre, which could not have been done 2025:KER:29917 OP (CAT) NO. 31 OF 2025 5 without the permission of the Central Government. When the OA was filed, the learned Tribunal, vide order dated 25.08.2023 granted status quo order in the following manner: “Heard. Admit. Shri Ashok Suresh, ACGSC takes notice for the respondents and prays for time to file reply statement. I have been told that the applicants have not yet been relieved from their respective posts held by them in Kannur and Kozhikode. Status quo as on today, as regards the applicants, shall be maintained till the next date of posting. Adjourned to 07.09.2023.” 3. However, the matter kept on pending, even reply statement was filed and IA was filed to vacate the stay. The IA has been disposed of by vacating the stay relying upon the stand taken by the respondents in the reply that it was not a simple transfer order, but for exigencies and administrative purposes. The decision to form the Cluster of offices was to optimize the resources of 2025:KER:29917 OP (CAT) NO. 31 OF 2025 6 Prasar Bharati by pooling of its administrative, Technical and Program Human Resources and to efficiently utilize them for better performance of its functions. It does not amount to making rule and regulation. 4. Mr. Elvin Peter P.J. learned Senior counsel assisted by Mr.Adarsh Babu C.S., learned counsel appearing on behalf of the petitioners submitted that, no harm and prejudice is being caused to the respondents in case the interim order would have continued and the main case would have decided for the reason that Annexure A1 is a consequential order passed on the basis of Annexure A8 order, which is the subject matter of challenge along with Annexure A2 order. Until and unless the matter is not decided, Annexure A1 being a consequential order, was required to be kept in tact as per the interim order dated 25.08.2023. 5. Issue notice before admission. Adv.C.Dinesh, DSGI in charge takes notice and submits that the order is perfectly legal and justified as the petitioners have been 2025:KER:29917 OP (CAT) NO. 31 OF 2025 7 attempting to protract the continuance of the stay order, despite have submitted an application for vacation of stay in 2024. 6. We have heard the learned counsel for the parties and appraised the paper book. 7. We are of the view that, since the challenge relates to various grounds Annexure A2 and A8 orders are pending consideration and Annexure A1 has been passed as a consequential order. No harm and prejudice would have been caused in case the interim order granted on 25.08.2023 continues and the matter will be decided on merits. The OA has been posted for 3rd of July, 2025. We are of the view that the petitioners have been enjoying the status quo order, which would seriously affect their rights in the pending OA. Accordingly we set aside the order and restore the interim order dated 25.08.2023 by putting a caveat that the date of posting given for 3rd of July 2025, as per the contention of the parties, be postponed. The order is modified solely regarding the change 2025:KER:29917 OP (CAT) NO. 31 OF 2025 8 of the date that, the matter to be listed for hearing on 19.05.2025, in order to bring a quietus to the dispute pending before the Central Administrative Tribunal in OA pending since 2023. Original petition stands disposed of. Sd/- AMIT RAWAL JUDGE Sd/- K. V. JAYAKUMAR JUDGE msp 2025:KER:29917 OP (CAT) NO. 31 OF 2025 9 APPENDIX OF OP (CAT) 31/2025 PETITIONER ANNEXURES ANNEXURE A1 TRUE COPY OF THE ORDER OF TRANSFER BEARING NO. TVM/1(10(6)2023/POSTING/ REDEPLOYMENT/ADMN/1265 DATED 22.08.2023. ANNEXURE A2 TRUE COPY OF RELEVANT PAGES OF ORDER NO. 225/2021-PPC DATED 04.01.2021. ANNEXURE A8 TRUE COPY OF THE OFFICE ORDER NO. 135/2023-PPC DATED 19.06.2023 ISSUED BY THE 2ND RESPONDENT. ANNEXURE A3 TRUE COPY OF THE REPRESENTATION GIVEN BY THE FIRST APPLICANT DATED 20.03.2023 TO THE 3RD RESPONDENT. ANNEXURE A4 TRUE COPY OF REPRESENTATION MOVED BY THE ADMINISTRATIVE STAFF OF AKASHVANI CALICUT, BEFORE THE HON. MINISTER OF MINISTRY OF INFORMATION AND BROADCASTING. ANNEXURE A5 TRUE COPY OF RTI REPLY ISSUED BY THE SECOND RESPONDENT DATED 22.02.2023. ANNEXURE A6 TRUE COPY OF THE RTI APPLICATION GIVEN BY KOCHURANI THOMAS DATED 30.06.2023. ANNEXURE A7 TRUE COPY OF THE REPLY NO. N.39011/33/2023 B(D) GIVEN BY THE FIRST RESPONDENT DATED 13.07.2023 INDICATING THE FACT THAT NO SUCH APPROVAL HAD BEEN ACCORDED. ANNEXURE A9 TRUE COPY OF THE DETAILS PERTAINING TO REQUEST GIVEN BY THE FIRST APPLICANT FOR RETENTION IN THE PRESENT POST OF POSTING AS UDC AT CALICUT VIDE PRINT OUT FROM PRASAR NET, 24.08.2023 DATED 2025:KER:29917 OP (CAT) NO. 31 OF 2025 10 12.07.2023. ANNEXURE A10 TRUE COPY OF THE REPRESENTATION GIVEN BY THE SECOND APPLICANT DATED 28.06.2023 ADDRESSED TO THE 5TH RESPONDENT ALONG WITH TYPED COPY ANNEXURE A11 TRUE COPY OF THE DATA TAKEN FROM PRASARNET DATED 23.08.2023 REGARDING PROCESSING OF THE APPLICATION OF THE 2ND APPLICANT. ANNEXURE A12 TRUE COPY OF THE REPRESENTATION GIVEN BY THE 3RD APPLICANT ADDRESSED TO THE 5TH RESPONDENT DATED 23.08.2023. ANNEXURE A13 TRUE COPY OF REPRESENTATION SUBMITTED BY THE 4TH APPLICANT BEFORE THE 5TH RESPONDENT DATED 23.08.2023. ANNEXURE A14 TRUE COPY OF MEDICAL REPORT OF THE 4TH APPLICANT OF ULTRASOUND ABDOMEN ISSUED BY THE ASTER MIMS HOSPITAL DATED 03.01.2023. ANNEXURE A15 TRUE COPY OF THE STATUS OF THE APPLICATION OF THE 5TH APPLICANT DATED 23.08.2023. ANNEXURE A16 TRUE COPY OF THE PRINTOUT SHOWING STATUS OF HER REPRESENTATION TAKEN OUT FROM PRASARNET DATED 23.08.2023. ANNEXURE A17 TRUE COPY OF THE STATUS OF HIS REPRESENTATION DOWNLOADED FROM PRASARNET DATED 23.08.2023. ANNEXURE A18 TRUE COPY OF REQUEST UNDER RTI ADDRESSED TO THE 1ST RESPONDENT BEARING NO. MOI AB/R/E/23/00384 GIVEN BY THE 1ST APPLICANT. 2025:KER:29917 OP (CAT) NO. 31 OF 2025 11 ANNEXURE A19 TRUE COPY OF THE REPLY GIVEN BY THE 1ST RESPONDENT TO THE 1ST APPLICANT BEARING NO. I-11011/206/2023-B AP DATED 12.09.2023. ANNEXURE A20 TRUE COPY OF THE CORRESPONDENCE UNDER THE 2ND RESPONDENT BEARING NO. R-5/PRBHA/R/T/23/00060/RTI/P BS DATED 31.08.2023ALONG WITH TYPED COPY ANNEXURE A21 TRUE COPY OF THE OFFICE MEMORANDUM BEARING NO. 7(1)/E.COORD-I/2017 DATED 12.04.2017. ANNEXURE A22 TRUE COPY OF OFFICE ORDER NO. 130/2022- PPC DATED 20.06.2022 SHOWING SHIFTING OF POST IN THE ENGINEERING CADRE. ANNEXURE A23 TRUE COPY OF THE ORDER NO. 7/2022 DATED 14.07.2022 SHOWING THE REDEPLOYMENT OF ENGINEERING ASSISTANTS TO VARIOUS STATIONS DUE TO CLOSURE OF ATTS IN SOUTH ZONE. ANNEXURE A24 TRUE COPY OF THE ORDER NO. 5/2022 DATED 07.07.2022 SHOWING THE REDEPLOYMENT OF SENIOR TECHNICIANS TO VARIOUS STATIONS DUE TO CLOSURE OF ATTS IN SOUTH ZONE. ANNEXURE A25 TRUE COPY OF OFFICE ORDER NO. LAH/ADE- I(2)/2022 DATED 12.10.2022 SHOWING THE DEPLOYMENT OF SURPLUS ENGINEERING STAFF IN THE ADMINISTRATIVE CADRE IN CALICUT STATION. ANNEXURE A26 TRUE COPY OF THE OFFICE ORDER POSTING A SR. ENGINEERING ASSISTANT BEING ALLOCATED DUTIES OF STORE KEEPING AT AIR, KANNUR BEARING NO. KNR-1(7)2022/S/675 DATED 30.11.2022. ANNEXURE A27 TRUE COPY OF THE OFFICE ORDER BEARING NO. KOC-23(2)/2023-G DATED 03.03.2023 SHOWING THE DEPLOYMENT ENGINEER STAFF IN THE ADMINISTRATIVE CADRE IN AIR, KOCHI. 2025:KER:29917 OP (CAT) NO. 31 OF 2025 12 ANNEXURE A28 TRUE COPY OF THE OFFICE ORDER BEARING NO. ALP-I(7)/2022-G/328 DATED 30.08.2022 SHOWING THE DEPLOYMENT ENGINEER STAFF IN THE ADMINISTRATIVE CADRE IN AIR, ALAPPUZHA. ANNEXURE A29 TRUE COPY OF THE OFFICE ORDER BEARING NO. MAN-I(11)/2022-23/S DATED 18.07.2022 SHOWING THE DEPLOYMENT OF ENGINEER STAFF IN THE ADMINISTRATIVE CADRE IN AIR. MANGALORE. ANNEXURE R1 TRUE COPY OF THE PRASAR BHARATI (BROADCASTING CORPORATION OF INDIA) ACT, 1990. ANNEXURE R2 TRUE COPY OF THE PRASAR BHARATI (BROADCASTING CORPORATION OF INDIA) AMENDMENT ACT, 2011. ANNEXURE A30 TRUE COPY OF THE REQUEST MADE UNDER THE RTI BY THE FIRST APPLICANT BEARING NO. 24/31/2024-S-IV/2342 DATED 11.07.2024. ANNEXURE A31 TRUE COPY OF THE REPORT OF THE OFFICE OF DIRECTOR GENERAL OF AUDIT (CENTRAL EXPENDITURE), IP ESTATE, NEW DELHI. ANNEXURE A32 TRUE COPY OF THE MONTHLY REPORT OF SANCTIONED STRENGTH & VACANCY POSITION OF AKASHVANI KOCHI AS ON 01.07.2019. ANNEXURE A33 TRUE COPY OF THE MONTHLY REPORT OF SANCTIONED STRENGTH & VACANCY POSITION OF AKASHVANI KOCHI AS ON 30.04.2024. EXHIBIT P1 TRUE COPY OF THE O.A. NO. 415/2023 FILED BY THE PETITIONERS DATED 30.01.2024 ALONG WITH ANNEXURES. EXHIBIT P2 TRUE COPY OF THE REPLY STATEMENT FILED BY RESPONDENTS 1 AND 2 DATED 20.03.2024 ALONG WITH ITS ANNEXURES. 2025:KER:29917 OP (CAT) NO. 31 OF 2025 13 EXHIBIT P3 TRUE COPY OF THE REJOINDER FILED BY THE PETITIONERS DATED 05.08.2024 BEFORE THE HON’BLE TRIBUNAL ALONG WITH ITS ANNEXURES. EXHIBIT P4 TRUE COPY OF THE INTERIM ORDER DATED 25.08.2023 IN O.A. NO. 415/2023 OF THE HON’BLE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM. EXHIBIT P5 TRUE COPY OF THE M.A. NO. 353/2024 IN O.A. NO. 415/2023 FILED BY THE RESPONDENTS FOR VACATING THE INTERIM ORDER. EXHIBIT P6 TRUE COPY OF THE ORDER DATED 26.03.2025 IN M.A. NO. 353/2024 IN O.A. NO. 415/2023 OF THE HON’BLE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM. EXHIBIT P7 TRUE COPY OF THE RELIEVING ORDER NO. C-18013/16/2023-ADMIN-AIR TVPM DATED 26.03.2025 ISSUED BY THE RESPONDENTS TO THE 1ST PETITIONER. EXHIBIT P8 TRUE COPY OF THE RELIEVING ORDER NO. C-18013/16/2023-ADMIN-AIR TVPM DATED 26.03.2025 ISSUED BY THE RESPONDENTS TO THE 2ND PETITIONER. EXHIBIT P9 TRUE COPY OF THE RELIEVING ORDER NO. C-18013/16/2023-ADMIN-AIR TVPM DATED 26.03.2025 ISSUED BY THE RESPONDENTS TO THE 3RD PETITIONER. EXHIBIT P10 TRUE COPY OF THE RELIEVING ORDER NO. C-18013/16/2023-ADMIN-AIR TVPM DATED 26.03.2025 ISSUED BY THE RESPONDENTS TO THE 4TH PETITIONER. EXHIBIT P11 TRUE COPY OF THE RELIEVING ORDER NO. C-18013/16/2023-ADMIN-AIR TVPM DATED 26.03.2025 ISSUED BY THE RESPONDENTS TO THE 5TH PETITIONER. EXHIBIT P12 TRUE COPY OF THE RELIEVING ORDER NO. C-18013/16/2023-ADMIN-AIR TVPM DATED 26.03.2025 ISSUED BY THE RESPONDENTS TO THE 6TH PETITIONER.