Mohammadali P vs Kerala Veterinary And Animal ...
2022 Latest Caselaw 6794 Ker

               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

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

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.