Kerala High Court
Archana Aravindan vs Cochin Devaswom Board on 4 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
WP(C) NO. 12823 OF 2024
PETITIONER:
ARCHANA ARAVINDAN
AGED 49 YEARS
W/O. VIMAL KUMAR A.V ASSISTANT PROFESSOR
DEPARTMENT OF COMMERCE
SREE KERALA VARMA COLLEGE, THRISSUR, PIN - 680011
BY ADV V.MADHUSUDHANAN
RESPONDENTS:
1 COCHIN DEVASWOM BOARD
REP. BY ITS SECRETARY SWARAJ ROUND,
ROUND NORTH THRISSUR, PIN - 680001
2 THE SECRETARY,
COCHIN DEVASWOM BOARD SWARAJ ROUND,
ROUND NORTH THRISSUR, PIN - 680001
3 DR.DEEPTHI.S
ASSISTANT PROFESSOR DEPARTMENT OF COMMERCE,
SREE VIVEKANANDA COLLEGE, THRISSUR-, PIN - 680523
BY ADV
SRI.PREMCHAND R.NAIR.
SRI.K.P. SUDHEER - SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 12823 OF 2024
2
JUDGMENT
The petitioner is now working as the Assistant Professor in
the Kerala Varma College, Thrissur. The grievance of the petitioner
is that, the 3rd respondent who is working in Vivekananda College,
which is under the very same Management, has requested for a
transfer to the College in which the petitioner is working. The
apprehension of the petitioner is that, in the event of the prayer
sought by the 3rd respondent being considered, he is likely to be
transferred to the Vivekananda College. The specific case of the
petitioner is that, if such a posting has occurred, the same is likely
to be towards a post having workload of less than 16 periods which
is likely to cause prejudice to him. This writ petition was submitted
in such circumstances seeking the following reliefs:
"i) Declare that effecting transfer to Sree
Vivekananda College from Kerala Varma College
is illegal and against Exhibit P1 to P3 government
orders in this regard.
ii) Direct the 2nd respondent to consider Ext.P8
representation, before taking a decision on the
request submitted by the 3rd respondent, seeking
transfer to Sree Kerala Varma College.
WP(C) NO. 12823 OF 2024
and
iii) Issue such other writ order or direction as this
Hon'ble Court may deem fit and proper in the
facts and circumstances of the case."
2. Heard Sri.V.Madhusudhanan, learned counsel for the
petitioner and Sri.K.P. Sudheer, learned Standing Counsel for the
respondents 1 and 2.
Considering the fact that the petitioner had highlighted her
grievances in Ext.P8 representation submitted before the 2 nd
respondent, it is only proper that a decision in this regard be taken
by him. Therefore, this writ petition is disposed of directing the 2 nd
respondent to consider and pass appropriate orders on Ext.P8, in
case any request of transfer is pending consideration by the 3 rd
respondent. A decision in this regard shall be taken after hearing
the petitioner as well as the 3rd respondent.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
scs
WP(C) NO. 12823 OF 2024
APPENDIX OF WP(C) 12823/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE ORDER DATED
01.04.2020 ISSUED BY THE PRINCIPAL
SECRETARY, HIGHER EDUCATION DEPARTMENT
Exhibit P2 A TRUE COPY OF THE ORDER NO. GO (MS)
NO. 471/2020/HEDN DATED 30.12.2020
ISSUED BY THE PRINCIPAL SECRETARY,
HIGHER EDUCATION DEPARTMENT
Exhibit P3 A TRUE COPY OF THE LETTER NO.
D2/420/2021/HEDN DATED 31.08.2021
ISSUED BY THE ADDITIONAL CHIEF
SECRETARY, HIGHER EDUCATION DEPARTMENT
Exhibit P4 A TRUE COPY OF THE ORDER NO.
H.3527/2022 DATED 19.5.2022 ISSUED BY
THE 2 ND RESPONDENT
Exhibit P5 A TRUE COPY OF THE STATEMENT SHOWING
THE ALLOTMENT OF WORKLOAD AMONG THE
TEACHING STAFF FOR THE ACADEMIC YEAR
2022-23 OF SREE VIVEKANANDA COLLEGE,
DEPARTMENT OF COMMERCE,
Exhibit P6 EXHIBIT PA TRUE COPY OF THE LETTER NO.
D6/42938/2022/DCE DATED 13.10.2022
ISSUED BY THE DIRECTOR OF COLLEGIATE
EDUCATION TO THE 2 ND RESPONDEN
Exhibit P7 A TRUE COPY OF THE ORDER NO.
H.3527/22DATED 18.11.2023 ISSUED BY
THE 2 ND RESPONDENT
Exhibit P8 A TRUE COPY OF THE REPRESENTATION
DATED 21.03.2024 FILED BY THE
PETITIONER BEFORE THE 2 ND RESPONDENT
