Mohammadali P vs Kerala Veterinary And Animal ...

Citation : 2022 Latest Caselaw 6794 Ker
Judgement Date : 14 June, 2022

Kerala High Court
Mohammadali P vs Kerala Veterinary And Animal ... on 14 June, 2022
               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
                        WP(C) NO. 19144 OF 2022
PETITIONER:

          MOHAMMADALI P., AGED 44 YEARS
          S/O HAMZA, OFFICE ATTENDANT, VETERINARY COLLEGE,
          MANNUTHY, MANNUTHY P.O., THRISSUR-680651, RESIDING AT
          PADINJARAN HOUSE, THIRUVIZHAMKUNNU P.O., PALAGHAT-
          678601.

          R.T.PRADEEP
          M.BINDUDAS
          K.C.HARISH



RESPONDENTS:

    1     KERALA VETERINARY AND ANIMAL SCIENCES UNIVERSITY,
          REPRESENTED BY ITS REGISTRAR, MANNUTHY P.O.,
          THRISSUR 680651.

    2     REGISTRAR, KERALA VETERINARY AND ANIMAL SCIENCES
          UNIVERSITY, MANNUTHY P.O., THRISSUR 680651.

    3     JAYALALITHA.N., OFFICE ATTENDANT, VETERINARY COLLEGE,
          MANNUTHY, MANNUTHY P.O., THRISSUR 680651.

    4     RAMANI.N., OFFICE ATTENDANT, UNIVERSITY LIVESTOCK FARM,
          MANNUTHY, MANNUTHY P.O., THRISSUR 680651.

          SRI MANU GOVIND-SC




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 19144 OF 2022
                                     2


                                  JUDGMENT

Even though various assertions and averments have been made and urged in this writ petition, when this matter was called today, the learned counsel for the petitioner - Sri.R.T.Pradeep, confined his plea that the second respondent

- Registrar be directed to take up Ext.P3 representation, made by his client seeking transfer to the vacancy of Office Attendant arising on the retirement of the incumbent on superannuation at the Livestock Research Station, Thiruvizhamkunnu, within a time frame to be fixed by this Court. The learned counsel submitted that his client has been constrained to approach this Court because the vacancy is to arise on 30.11.2022 and unless his claim is properly considered, he will be denied his eligible transfer.

2. Sri.Manu Govind, learned standing counsel for the first respondent, in response, submitted that if the petitioner only requires Ext.P3 to be taken up and disposed of by the second respondent - Registrar, he would not stand in the way of such orders being issued ; however, praying that this Court may not make any affirmative declarations as to his entitlement to any relief and leave it to the competent WP(C) NO. 19144 OF 2022 3 Authority to take a decision on it in terms of law.

Resultantly, I order this writ petition and direct the second respondent to take up Ext.P3 request of the petitioner and dispose of the same, after hearing him, as also respondents 3 and 4 or any other person interested; thus culminating in an appropriate order thereon, as expeditiously as is possible, but not later than one month from the date of receipt of a copy of this judgment.

Sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 19144 OF 2022 4 APPENDIX OF WP(C) 19144/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF ORDER DATED 20.9.2019 BY WHICH PETITIONER IS TRANSFERRED FROM LIVESTOCK RESEARCH STATION, THIRUVIZHAMKUNNU TO VETERINARY COLLEGE, MANNUTHY AS OFFICE ASSISTANT.

Exhibit P2 TRUE COPY OF THE ORDER DATED 28.5.2022 BY WHICH RESPONDENTS 3 AND 4 ARE TRANSFERRED TO THIRUVIZHAMKUNNU.

Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED 30.5.2022 SEEKING TRANSFER TO THE VACANCY ARISING ON RETIREMENT AT LIVESTOCK RESEARCH STATION, THIRUVIZHAMKUNNU.