Dr.Meera V Menon vs Kerala Agricultural University
2021 Latest Caselaw 11808 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

     FRIDAY, THE 09TH DAY OF APRIL 2021 / 19TH CHAITHRA, 1943

                       WP(C).No.9672 OF 2021(H)


PETITIONER:

               DR.MEERA V MENON
               AGED 58 YEARS, W/O. K.C.RAGHAVAN,
               PROFESSOR, DEPARTMENT OF AGRONOMY, COLLEGE OF
               HORTICULTURE, VELLANIKKARA, VELLANIKKARA P.O.,
               THRISSUR DISTRICT, PIN-680 656,
               RESIDING AT THEJASWINI, NELLANKARA, NETTISSERY P.O.,
               THRISSUR DISTRICT,PIN-680 651, (UNDER ORDER OF
               TRANSFER TO PADANNAKKAD, KASARGOD DISTRICT)

               BY ADV. SRI.BABU JOSEPH KURUVATHAZHA

RESPONDENTS:

      1        KERALA AGRICULTURAL UNIVERSITY
               KAU P.O., VELLANIKKARA, THRISSUR DISTRICT,
               PIN-680 656, REPRESENTED BY ITS REGISTRAR

      2        VICE CHANCELLOR,
               KERALA AGRICULTURAL UNIVERSITY, KAU P.O.,
               VELLANIKKARA, THRISSUR DISTRICT,PIN-680 656

      3        EXECUTIVE COMMITTEE OF THE KERALA AGRICULTURAL
               UNIVERSITY, KAU P.O., VELLANIKKARA,
               THRISSUR DISTRICT, PIN-680 656, REPRESENTED BY ITS
               CHAIRMAN, THE VICE CHANCELLOR OF THE UNIVERSITY

      4        THE REGISTRAR,
               KERALA AGRICULTURAL UNIVERSITY,
               KAU P.O., VELLANIKKARA,
               THRISSUR DISTRICT,PIN-680 656

               ADV.ROBSON PAUL, SC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.9672 OF 2021

                                    2




                             JUDGMENT

Dated this the 9th day of April 2021

This writ petition is filed seeking a consideration of Ext.P9

representation submitted by the petitioner for a transfer on the

ground that she has only 1 ½ years remaining to retire from service.

2. The learned standing counsel appearing for the respondent-

University submits that the petitioner's challenge against an order of

transfer had been considered and allowed by Ext.P7 judgment which

was subjected to an appeal at the instance of the University and Ext.P8

judgment had been issued by a Division Bench of this Court wherein it

was found that the guidelines are not statutory and that the petitioner

cannot claim any immunity from transfer even in terms of the

guidelines.

3. The learned counsel for the petitioner submits that the

petitioner has approached the respondents with Ext.P9 representation

seeking a transfer to her home station in view of the fact that she has

only 1 ½ years to retire.

WP(C).No.9672 OF 2021

4. The learned standing counsel submits that the said

representation is dated 05.04.2021 and as a matter of fact, has not

been received in the University. It is also submitted that the petitioner

was relieved from her post on 10.02.2021. But she has not joined in the

transferred post.

5. Having heard the learned counsel on either side, I am of the

opinion that the representation submitted by the petitioner for

transfer to her home station in terms of the guidelines can be

considered specifically subject to the condition that the petitioner

joins in the transferred post.

6. In the above view of the matter, on condition that the petitioner

joins in the transferred post within a week from today, there will be a

direction to the appropriate authority in the respondent-University to

take up, consider and pass orders on Ext.P9 representation preferred

by the petitioner, within a period of three weeks from the date of

receipt of the representation for transfer as directed above. The

representation shall be forwarded by the petitioner through proper

channel after joining the transferred post. WP(C).No.9672 OF 2021

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C).No.9672 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE PHOTOCOPY OF THE RELEVANT PORTION OF THE GUIDELINES OF TRANSFERS AND POSTING OF TEACHERS AND SCIENTIFIC STAFF UNDER THE 1ST RESPONDENT

EXHIBIT P2 TRUE PHOTOCOPY OF THE MEDICAL CERTIFICATE DATED 8.7.2020 ISSUED BY DR.SUNITHA V.NARAYANAN, PERTAINING TO THE ILLNESS OF THE PETITIONER

EXHIBIT P3 TRUE PHOTOCOPY OF THE ACADEMIC PROGRAMME FOR PG/PH.D DATED 17.10.2019 ISSUED BY THE ASSOCIATE DEAN , COLLEGE OF HORTICULTURE UNDER THE 1ST RESPONDENT

EXHIBIT P4 TRUE COPY OF THE RELEVANT PORTION OF THE ORDER DATED 15.7.2017 ISSUED BY THE PROFESSOR AND HEAD DEPARTMENT OF AGRONOMY

EXHIBIT P5 TRUE COPY OF THE RELEVANT PORTION OF THE ACADEMIC PROGRAMME OF PG AND PH.D COURSE TO BE ATTENDED BY THE PETITIONER

EXHIBIT P5A TRUE COPY OF LETTER NO.E1-4401/2018 DATED 23.6.2020 FORWARDED BY ASSOCIATE DEAN, COLLEGE OF AGRICULTURE, PADANNAKKAD TO THE 1ST RESPONDENT

EXHIBIT P6 TRUE COPY OF THE ORDER DATED 3.7.2020 ISSUED BY THE 1ST RESPONDENT, TRANSFERRING THE PETITIONER FROM VELLANIKKARA TO PADANNAKKAD

EXHIBIT P6A TRUE COPY OF ORDER GA/C3/7459/2020 DATED 17.07.2020 ISSUED BY THE 4TH RESPONDENT

EXHIBIT P7 TRUE COPY OF JUDGMENT DATED 12.10.2020 IN W.P(C) NO.14722/2020 OF THIS HON'BLE COURT

EXHIBIT P8 TRUE COPY OF JUDGMENT DATED 10.02.2020 IN W.A.NO.1460/2021 WP(C).No.9672 OF 2021

EXHIBIT P9 TRUE COPY OF REPRESENTATION DATED 05.04.2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT

RESPONDENT'S/S EXHIBITS: NIL