Smitha C.K vs The Co Operative Academy Of ...
2021 Latest Caselaw 3177 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

             THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

                                   &

              THE HONOURABLE MR. JUSTICE GOPINATH P.

     THURSDAY, THE 28TH DAY OF JANUARY 2021 / 8TH MAGHA, 1942

                           WA.No.1431 OF 2018

 AGAINST THE ORDER/JUDGMENT IN WPC 21890/2017 DATED 03-07-2018 OF
                       HIGH COURT OF KERALA


APPELLANT/PETITIONER:

             SMITHA C.K
             ASSOCIATE PROFESSOR,
             ELECTRONICS AND INSTRUMENTATION,
             COLLEGE OF ENGINEERING,VADAKARA,
             KOZHIKODE DISTRICT-673 105.

             BY ADV. SRI.P.C.SASIDHARAN

RESPONDENTS/RESPONDENTS:

      1      THE CO OPERATIVE ACADEMY OF PROFESSIONAL EDUCATION
             CO-BANK TOWERS, VIKAS BHAVAN P.O.,THIRUVANANTHAPURAM,
             REPRESENTED BY ITS DIRECTOR-695 033.

      2      STATE OF KERALA,
             REPRESENTED BY SECRETARY TO GOVERNMENT
             HIGHER SECONDARY EDUCATION DEPARTMENT,
             GOVERNMENT OF KERALA,THIRUVANANTHAPURAM-695 001.

      3      PRADEEP T.S.
             ASSOCIATE PROFESSOR,
             ELECTRONICS AND INSTRUMENTATION,
             COLLEGE OF ENGINEERING, KIDANGOOR-683 572.

             R1 BY SRI.M.SASINDRAN, SC, CAPE

     THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 28.01.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WA No.1431/2018                  -2-

                         JUDGMENT

DATED THIS THE 28th DAY OF JANUARY, 2021

Shaffique, J:

Learned counsel for the 1st respondent submits that the

petitioner/appellant was transferred proceeding on the basis that

she was a Ph.D holder. Later, it was understood that she does not

possess Ph.D and therefore her presence at the transferee post

is not presently required. While admitting the matter this court

had already issued an interim direction to the 1 st respondent to

retain the appellant in the College of Engineering, Vadakara until

further orders.

2. In the light of the subsequent events, we make the

interim order absolute and the appeal is allowed setting aside

the judgment of the learned Single Judge. It is made clear that

the judgment shall not preclude the 1 st respondent from issuing

orders of transfer of the appellant, if and where it is necessary.

(Sd/-) A.M. SHAFFIQUE, JUDGE.

(Sd/-) GOPINATH P., JUDGE.

AMG