N.A.Aruna vs University Of Calicut
2021 Latest Caselaw 21285 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                   THE HONOURABLE MR. JUSTICE AMIT RAWAL
         FRIDAY, THE 29TH DAY OF OCTOBER 2021 / 7TH KARTHIKA, 1943
                          WP(C) NO. 23643 OF 2021
PETITIONER/S:
           N.A.ARUNA
           AGED 49 YEARS
           W/O. UDAYA BHANU D.M., HEAD ACCOUNTANT, SREE KERALA VARMA
           COLLEGE, THRISSUR-680 011, RESIDING AT NADUPARAMBIL
           HOUSE, VENGINISSERY, P.O PARALAM, THRISSUR-680 563.

              BY ADVS.
              ELVIN PETER P.J.
              K.R.GANESH
              GOURI BALAGOPAL
              ABHIJITH.K.ANIRUDHAN


RESPONDENT/S:
     1     UNIVERSITY OF CALICUT
           REPRESENTED BY ITS REGISTRAR, THENHIPALAM-673 635.

     2        THE VICE CHANCELLOR
              UNIVERSITY OF CALICUT, THENHIPALAM-673 635.

     3        THE COCHIN DEVASWOM BOARD
              REPRESENTED BY ITS SECRETARY, THRISSUR-680 001.

     4        SECRETARY
              THE COCHIN DEVASWOM BOARD, THRISSUR-680 001.

     5        SANGAMESWARAN
              HEAD ACCOUNTANT, SREE VIVEKANANDA COLLEGE, KUNNAMKULAM
              P.O., THRISSUR-680 523.

              BY ADV K.P.SUDHEER, SC, COCHIN DEVASWOM BOARD


OTHER PRESENT:
           SRI P C SASIDHARAN SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 23643 OF 2021
                                    2



                           JUDGMENT

Petitioner has approached this Court seeking directions to the

second respondent to allow the petitioner to continue as Head

Accountant at Sree Kerala Varma College, Thrissur as ordered by

the 3rd respondent.

2. Petitioner was appointed as Last Grade Servant in the

Sree Kerala Varma College, Thrissur, an aided College affiliated to

the University of Calicut established by the Cochin Devaswom

Board, the 3rd respondent. While continuing as UD Clerk, a vacancy

of Head Accountant arose in Sree Vivekananda College. The

petitioner being senior-most qualified UD Clerk was promoted as

Head Accountant on 1.9.2017 against the said vacancy. After

completion of more than two years of service, was given transfer to

Sree Kerala Varma College in the year 2019 and again transferred

back to Sree Vivekananda College as Head Accountant on 9.8.2020.

3. Learned counsel for the petitioner submitted that 5 th

respondent also entered service as Last Grade Servant in Sree

Kerala Varma College and was promoted as LD Clerk and then UD

Clerk.

4. The open vacancy of Head Accountant arose under the 3 rd WP(C) NO. 23643 OF 2021

respondent on 1.6.2021 due to the retirement of

Sri.K.Gopalakrishnan, who was the Sr. Superintendent and in the

resultant vacancy of Sr.Superintendent, the senior most Head

Accountant Sri.K.S Jayan, who was working in Sree Kerala Varma

College was promoted on 1.6.2021. Thus, an open vacancy of Head

Accountant arose in Sree Kerala Varma College on 1.6.2021. The

procedure for filling up the post has to be in accordance with

Chapter 4A of Statute 72A (7)(i) of Calicut University Statutes, 1979

which provides that the open vacancies shall be filled up by

transferring teachers who have put in the longest period of outside

service. Petitioner being the senior most Head Accountant, who

was working in Sree Vivekananda College, Kunnamkulam was

therefore entitled to seek for a transfer in the above open vacancy

in accordance with the provisions referred to above. In compliance

with the provision contained in the Calicut University First Statute,

1979, petitioner was given a transfer as Head Accountant as per

order dated 21.6.2021. 5th respondent/Mr.Sangameswaran, who was

the senior most UD Clerk, was entitled to be promoted as Head

Accountant. Hence, the 5th respondent was promoted as Head

Accountant in the vacancy that arose in Sree Vivekananda College,

Kunnamkulam on transfer of the petitioner. 5 th respondent WP(C) NO. 23643 OF 2021

submitted a representation to the respondent which was not

acceded to resulted into a direction by this Court dated 28.6.2021 in

the writ petition aforementioned. Vice Chancellor vide impugned

order dated 31.8.2021 without assigning any reasons and adhering

to the provisions contained in Chapter 4A Statute 72A(7)(viii) has

ordered the re-transfer of 5th respondent as Head Accountant to the

Kerala Varma College. But no orders with regard to the petitioner

has been passed which would in fact have an impact of putting back

the petitioner to Vivekananda College as Head Accountant. He

submits that there should have been a reasons much less the

compliance of the Rules, which are conspicuously absent.

5. Smt. Jency Micheal on behalf of Sri.P.C Sasidharan

appeared for the respondent University and sought some time to

obtain instructions.

6. This Court would have definitely granted the time but the

fact of the matter is that on examination of the impugned order, no

reasons much less cogent reasons have been assigned in accepting

the request of the the 5th respondent. For the sake of brevity, the

relevant portion of impugned order dated 31.8.2021 Ext.P3 as well

as the provisions of Chapter 4A Statute, Section 72A(7)(viii) are

extracted herein below:

WP(C) NO. 23643 OF 2021

Impugned order Ext.P3:

Read (1) Appeal filed by Sri. Sangameswaran, Head Accountant, Sree Vivekananda College, Kunnamkulam before the Vice Chancellor, dated 23.06.2021.

(2)Statute 72A(12) under Chapter 4A of the Calicut University First Statutos. 1979 (3) Judgment dated 28.06.2021 of the Hon'ble High Court in WP (C) No 12778/2021 by Sri Sangameswaran. (4)Letter No.130070/GA-11-F3/2021/Admn dated 26.07-2021. (5) Order of the Vice Chancellor in the Even file Dated 27/8/2021

1. As per paper read as (1), Sri. Sangameswaran, Head Accountant, Sree Vivekananda College Kunnamkulam, has filed an appeal before the Hon'ble Vice-Chancellor, University of Calicut in compliance with the Statute 72A(12) r/w Statute 67A of Calicut University First Statutes his transfer order, No.H.562/2021 dated 21.06.2021 by the management of Cochin Devaswom Board. Sri. Sangameswaran,stated that after three years of his outstation service, he joined at SKVC Thrissurs (as Senior Clerk) only on 03.02.2021 and again transferred to Sree Vivekananda College, Kunnamkulam (on promotion as Head Accountant), without considering that he is due to retire on 31.05.2022. He also alleged that this immediate transfer, without giving minimum tenure in the home college, is therefore arbitrary and illegal and requested to issue directions to the management to retransfer him to his home college.

2. As per Statute 72A(12) under Chapter 4A of the Calicut University (Conditions of Service of the Teachers and Members of Non-teaching Staff) First Statutes, 1979.

Appeals against transfers made in violation of this amendment statute shall be made to the Vice-Chancellor by the teacher aggrieved within three months from the date of issue of the transfer order and the Vice-Chancellor shall dispose of the appeal within one month from the date of receipt of the same and the decision of the Vice-Chancellor shall be final and shall be binding on both the corporate management and the teacher". As per Statute 67A. "The provisions in these statutes relating to the Intra University Transfer of Colleges under corporate Managements shall WP(C) NO. 23643 OF 2021

apply to the members of the non-teaching staff of colleges under corporate management".

3. As per paper read as (3), the Hon'ble High Court of Kerala, has passed the judgment 12778/2021, on the appeal filed by Sri. Sangameswaran and directed the Vice-Chancellor to take up consider and pass orders, with notice to the petitioner, & the respondents (the management of Cochin Devaswom Board & Smt.Aruna N A) and after hearing them through any appropriate means, including by video conferencing within one month from the date of receipt of a copy of the judgment.

Accordingly, as per the paper read as (4), Sri Sangameswaran, Head Accountant, Sree Vivekananda College, Kunnamkulam (Appellant), the Management, Cochin Devaswom Board and smt Aruna N A Head Accountant, Sree Kerala Varma College, Thrissur (Respondents), were requested to attend a hearing scheduled to be held at 10.30 am. on 04.08.2021, at the Chamber of Vice Chancellor, in compliance with the judgement in W.P.(C) No. 12778/2021, & the provisions in the Statute 72A(12) under Chapter 4A of the CUFS, 1979, with an option to attend the same by online mode. The hearing was held as scheduled. It was attended by Sri Sangameswaran and Smt.Aruna N.A in person, while the Manager/Secretary represented by Smt. Shymol.C.Vasu, Law Officer of Cochin Devaswom Board, was duly authorized by the Management of Cochin Devaswom Board attended online. The parties concerned also submitted their explanations to affirm their stand on the issue.

In the light of the observations, the Vice-Chancellor (the Appellate Authority) has disposed the appeal under Statute 72A (12) of Chapter 4A of Calicut University (Conditions of Service of the Teachers and Members of Non-teaching Staff) First Statutes, 1979 with direction to the Management to retain him at his home college ie., Sree Kerala Varma College, Thrissur as per Statute.72A (7) (vill) read with Statute 67A.

Chapter 4A , Section 72A(7)(viii) of the Calicut University Statutes

1979:

WP(C) NO. 23643 OF 2021

Chapter 4A

Intra-university transfer of Teachers of Colleges under Corporate Management having colleges affiliated to the Calicut University.

72A. (1) The provisions of this Chapter shall apply to all Teachers in private colleges under the Corporate Management within the Jurisdiction of the Calicut University.

(7) When transfers are effected by the Corporate Management they shall be made as per the provisions laid down below:

(i) Open vacancies shall be filled up by transferring teachers who have put in the longest period of outside service".

On perusal of the provisions the open vacancies are required

to be filled up by transferring teachers who have put in the longest

period of outside service. It is the case of the petitioner that she

has rendered a longest period of outside service and therefore was

required to be transferred to Kerala Varma College as Head

Accountant. The aforementioned fact have not been even examined

or looked into while passing the impugned order. In this view of the

matter, it would be a farcical exercise in calling upon the

respondent to contest the case. Accordingly, the impugned order

Ext.P3 is quashed and Respondent Vice Chancellor is directed to

revisit the issue in view of the observations made in above and pass

the order as expeditiously as possible, within a period of one month WP(C) NO. 23643 OF 2021

from the date of receipt of a certified copy of this judgment.

Accordingly, order Ext.P1 will automatically come in to force.

Writ petition is disposed of.

Sd/-

sab                                           AMIT RAWAL

                                                 JUDGE
 WP(C) NO. 23643 OF 2021


                 APPENDIX OF WP(C) 23643/2021

PETITIONER EXHIBITS

Exhibit P1            TRUE ORDER NO.H.562/2012 DATED 21.6.2021
                      ISSUED BY THE 3RD RESPONDENT.

Exhibit P2            TRUE COPY OF THE JUDGMENT DATED 28.6.2021
                      IN WPC NO.12778/2021 OF THIS HON'BLE
                      COURT.

Exhibit P3            TRUE COPY OF THE ORDER

U.O.NO.8613/2021/ADMIN DATED 31.8.2021.