High Court of KeralaWP(C)/16241/2015disposed of

Dr.C.Latha v. Kerala Veterinary And Animal Sciences University

2015-11-09Honourable Mr.Justice K.Vinod Chandran5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN MONDAY, THE 9TH DAY OF NOVEMBER 2015/18TH KARTHIKA, 1937 W.P.(C).No.16241 of 2015 (E) -------------------------------------------------- PETITIONER(S):- -------------------------- DR. C. LATHA, AGED 47 YEARS, PROFESSOR AND HEAD, DEPARTMENT OF VETERINARY PUBLIC HEALTH, COLLEGE OF VETERINARY AND ANIMAL SCIENCES, MANNUTHY, THRISSUR, PIN-680 651.

BY ADVS.SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.K.A.BALAN SRI.V.VARGHESE SRI.PETER JOSE CHRISTO SRI.S.A.ANAND SMT.L.ANNAPOORNA RESPONDENT(S):- ----------------------------

1. KERALA VETERINARY AND ANIMAL SCIENCES UNIVERSITY, REPRESENTED BY ITS REGISTRAR, POOKODE, LAKKIDI PO, WAYANAD DISTRICT, PIN-673 576.

2. THE VICE CHANCELLOR, KERALA VETERINARY AND ANIMAL SCIENCES UNIVERSITY, POOKODE, LAKKIDI PO, WAYANAD DISTRICT, PIN-673 576.

3. DR.B.SUNIL, PROFESSOR AND HEAD, DEPARTMENT OF VETERINARY PUBLIC HEALTH, COLLEGE OF VETERINARY AND ANIMAL SCIENCES, POOKODE, LAKKIDI PO, WAYANAD DISTRICT, PIN-673 576. R1 & R2 BY STANDING COUNSEL SRI.MILLU DANDAPANI R3 BY ADV. SRI.DINESH MATHEW J.MURICKEN.

THIS WRIT PETITION (CIVIL) HAV+ING BEEN FINALLY HEARD ON 09-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:-

WP(C).No.16241 of 2015 (E) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:- --------------------------------------- EXT.P1 :

TRUE COPY OF THE ORDER NO.GAC3/24727/09 DATED 30-9-2009 ISSUED BY THE KERALA AGRICULTURAL UNIVERSITY.

EXT.P2 :

TRUE COPY OF THE RELEVANT EXTRACT OF TRANSFER LIST OF PROFESSORS/ASSOCIATE PROFESSORS.

EXT.P3 :

TRUE COPY OF THE REPRESENTATION DATED 3-5-2015 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXT.P4 :

TRUE COPY OF THE ORDER NO.KVASU/GA/A/428/2015(VII) DATED 28-5-2015 OF THE 2ND RESPONDENT.

EXT.P5 :

TRUE COPY OF THE RELEVANT EXTRACT OF NORMS OF TRANSFER OF THE TEACHING AND NON TEACHING STAFF OF THE 1ST RESPONDENT UNIVERSITY.

EXT.P6 :

TRUE COPY OF THE ORDER NO.KVASU/GA/A/428/2015(vi) DATED 28-5-2015 OF THE 3RD RESPONDENT.

EXT.P7 TRUE COPY OF THE UNIVERSITY'S ORDER NO.GA/C2/35758/04(VS-38) DATED 04.09.2007.

EXT.P8 TRUE COPY OPF THE REVISED PAY SLIP NO.ES/A4/4357/PF DATED 20.09.2010.

EXT.P9 TRUE COP0Y OF THE REVISED PAY SLIP NO.ES/A4/4357/PF DATED 16.02.2011.

EXT.P10 TRUE COPY OF PAY SLIP NO.KVASU/F.O/L.O/ARV-1/256/2011-12 DATED 21.10.2011.

RESPONDENT(S)' EXHIBITS:- ------------------------------------------ EXT.R1(a) TRUE COPY OF THE ORDER NO.GA/CI/40212/05(xv) DATED 01.12.2005 ISSUED BY THE KERALA AGRICULTURAL UNIVERSITY (PARENT BODY OF THE RESPONDENTS).

EXT.R1(b) TRUE COPY OF THE BOND EXECUTED BY THE PETITIONER.

WP(C).No.16241 of 2015 (E) - 2 - EXT.R1(c) TRUE COPY OF THE ORDER NO.GA/C3/25009/08 DATED 31.07.2008 ISSUED BY THE KERALA AGRICULTURAL UNIVERSITY (PARENT BODY OF THE RESPONDENTS).

EXT.R1(d) KERALA AGRICULTURAL UNIVERSITY ORDER NO.GA/C2/35758/04(Vs-39) DATED 4.9.2007.

EXT.R3(a) TRUE COPY OF THE TRANSFER ORDER NO.KVASU/GA/A/428/2015(vi) ISSUED BY THE 2ND RESPONDENT DATED 28.05.2015. EXT.R3(b) TRUE COPY OF THE RELIEVING ORDER NO.COVAS/PKT/ESTT(2) 1670(4) ISSUED BY THE DEAN OF 1ST RESPONDENT UNIVERSITY DATED 29.05.2015.

EXT.R3(c) TRUE COPY OF THE ORDER ADMITTING THE 3RD RESPONDENT TO DUTY IN DEPARTMENT OF BETERINARY PUBLIC HEALTH, COLLEGE OF VETERINARY AND ANIMAL SCIENCES, MANNUTHY, ISSUED BY THE DEAN OF 1ST RESPONDENT UNIVERSITY DATED 01.06.2015.

EXTR3(d) TRUE COPY OF THE NOTIFICATION OF KERALA AGRICULTRUAL UNIVERSITY DATED 02.07.2005.

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K. Vinod Chandran, J -------------------------------------- W.P.(C).No.16241 of 2015-E ------------------------------------- Dated this the 09th day of November, 2015

JUDGMENT

The petitioner, working as Professor of Veterinary Public Health, in the College of Veterinary and Animal Sciences, Mannuthy, challenges Exhibit P4 order by which she has been transferred to the College of Veterinary and Animal Sciences, Pookode at Wayanad. The petitioner's contentions are only with respect to her difficulty insofar as she has to take care of her 83 year old mother and the petitioner's daughter, being in the 8th Standard, studying at Thrissur.

2. The petitioner has been transferred in accordance with the norms and as provided in the norms. The petitioner's name figured in the proposed list for transfer also. Considering the difficulties of the petitioner and the fact that now the academic year has considerably progressed, the transfer shall be kept in abeyance till 31.03.2016. It is also submitted that the 3rd respondent has already joined the post in Mannuthy, Thrissur.

WP(C).No.16241 of 2015 - 2 - In the above circumstances, the writ petition is disposed of, directing that the transfer order be kept in abeyance till March 31, 2016 and also that the petitioner is liable for transfer after 31.03.2016 as already directed by the University. No costs.

Sd/- K.Vinod Chandran Judge.

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