P.K.Sasidharan vs Sree Sankaracharya University Of ...
2021 Latest Caselaw 15054 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
        FRIDAY, THE 16TH DAY OF JULY 2021 / 25TH ASHADHA, 1943
                        WP(C) NO. 14207 OF 2021
PETITIONER:

            P.K.SASIDHARAN
            AGED 55 YEARS
            S/O.T.P.GOPALAN, PAREMMAL HOUSE, CHOMBALA P.O.,
            VATAKARA, KOZHIKODE - 673 308 WORKED AS ASSOCIATE
            PROFESSOR, DEPARTMENT OF PHILOSOPHY, SREE SANKARACHARYA
            UNIVERSITY OF SANSKRIT, KALADY P.O.,
            ERNAKULAM - 683 574.

            BY ADVS.
            C.V.MANUVILSAN
            P.CHANDRASEKHAR
            SHEEBA G
            O.A.ANJU
            SARATH KRISHNAN T.



RESPONDENTS:

    1       SREE SANKARACHARYA UNIVERSITY OF SANSKRIT
            KALADY P.O., ERNAKULAM - 683 574,
            REPRESENTED BY ITS VICE CHANCELLOR.

    2       THE REGISTRAR
            THE SREE SHANKARACHARYA UNIVERSITY OF SANSKRIT,
            KALADY P.O., ERNAKULAM - 683 574.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 14207 OF 2021

                                      2


                                JUDGMENT

This writ petition is filed seeking the following reliefs:

(1) issue a writ of certiorari or any other writ or order or direction directing the respondent to quash Exhibit P4 transfer order of the petitioner.

(2) issue a writ of mandamus or any other writ or order or direction directing the respondent to retain the petitioner at the Kalady Sub Centre of the respondent in the interest of justice.

2. Heard the learned counsel for the petitioner and the learned

Standing Counsel appearing for the respondents.

3. It is submitted by the learned counsel for the petitioner that

the petitioner is an Associate Professor, who was working in the Main

Centre of the University at Kalady. It is submitted that he is a research

guide and the reason for his transfer by Ext.P4 to Payyannur, where the

centre of the University does not require a senior hand like the

petitioner, is not in academic interest at all. It is contended that though

the petitioner has taken charge at the transferred station, he has

preferred Ext.P5 representation specifically pointing out his grievances

as against Ext.P4 and seeks a consideration of the same, taking note of

his contentions as well.

WP(C) NO. 14207 OF 2021

Having heard the learned Standing Counsel also, I am of the

opinion that since the petitioner has preferred a detailed

representation in the nature of Ext.P5, the same requires a

consideration at the hands of the respondents. There will, accordingly,

be a direction to the Vice Chancellor of the 1 st respondent University to

take up, consider and pass orders on Ext.P5 representation preferred by

the petitioner with notice to the petitioner as well and after hearing

him through any appropriate means, including by video conferencing.

Orders shall be passed within a period of one month from the date of

receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C) NO. 14207 OF 2021

APPENDIX OF WP(C) 14207/2021

PETITIONER EXHIBITS

Exhibit P1 A TRUE PHOTOCOPY OF THE PROVISIONAL GENERAL TRANSFER ORDER BY THE 1ST RESPONDENT DATED 31/05/2021.

Exhibit P2 A TRUE PHOTOCOPY OF THE OBJECTION SUBMITTED BY THE PETITIONER AGAINST EXHIBIT P1 TRANSFER ORDER DATED 07/06/2021.

Exhibit P3 A TRUE PHOTOCOPY OF THE TRANSFER NORMS FOR TRANSFER OF EMPLOYEES OF THE 1ST RESPONDENT DATED 08/08/2001.

Exhibit P4                A TRUE PHOTOCOPY ORDER
                          NO.AD.A2/5818/SSS/2021 BY THE 1ST
                          RESPONDENT DATED 18/06/2021.

Exhibit P5                A TRUE PHOTOCOPY OF THE REPRESENTATION
                          DATED 21/06/2021 SUBMITTED BY THE
                          PETITIONER TO THE 1ST RESPONDENT.