MEERA V MENON Vs. KERALA AGRICULTURAL UNIVERSITY

JUDGEMENT

(1.) The petitioner through the instant writ petition has challenged transfer order, Ext.P6 dated 3.7.2020 issued by the 1st respondent, Kerala Agricultural University, transferring her from Vellanikkara to Padannakkad.

(2.) In support of the aforementioned prayer, the petitioner averred as under: On 4th April 1998, the petitioner joined in service under the respondents as Lecturer at the College of Agriculture, Padannakkad in Kasaragod. The native place of the petitioner is Vellanikkara, Thrissur. Ext.P1 guidelines pertain to the transfers and postings of Teachers and Scientific Staff under the 1st respondent. Petitioner relied upon clause 3, 17 and 24(d) of guidelines by submitting that the transfer is at the fag end of her career as she would be demitting office in November, 2022, thus, is an act of the whims and fancies and arbitrary. Many of her juniors in the stream have been left out. There was no occasion for transferring the petitioner except on receipt of the communication dated 1st of July 2020, Ext.R1(i), whereby the Director and Project Coordinator, All India Coordinator Research Project on Weed Management, Jabalpur brought to the notice of Vice Chancellor, Kerala Agricultural University that the centre's research and extension activities was very casual, particularly for the last two years no significant technology/technique/practices were developed for inclusion in the package of practices for Kerala State and in case such practice continues, it would adversely affect the Weed Management project in the University and also, letter Ext.R1(g) dated 23.6.2020 whereby, Associate Dean, College of Agriculture intimated Registrar, Kerala Agricultural University, Vellanikkara, Thrissur for appointment of Assistant Professor /Senior faculty member(contractual) in different disciplines including Agronomy, relevant for the instant case, as the petitioner belongs to such stream, amounts to not only reduction in rank but a punitive punishment. Not only this, even the place of transfer to Padannakkad at Kasaragod District is at a distance of 250 km away from the home station of the petitioner, owing to the vide spread of COVID Pandemic, it is not advisable to transfer in the absence of public interest or administrative exigencies. Attention of this Court was also drawn to the order Ext.R1(i), whereby subsequent to the transfer of the petitioner, her post was upgraded to Professor, which was being held before transfer.

(3.) Learned counsel appearing on behalf of the petitioner submitted that the communication dated 23rd June 2020, Ext.R1(g) nowhere reflects for appointment of "Associate" or "Professor" rather its contents would reveal with regard to the "Assistant Professor" or "Senior Faculty member" in the disciplines referred to therein. Even middle level faculty members could have been transferred and placed instead of petitioner,warranting action fallacious and malafide, glaringly evident from reply of the Registrar, where the plea of malafide has been attempted to be countered by not impleading the respondent or affected party in personal capacity. Even the contents of para 10 would reveal that the transfer is punitive, which could not have been ordered without following the due procedure of law. Though the petitioner earlier preferred a writ petition W.P.(C) No.14019 of 2020, which was permitted to withdrawn with a liberty to file fresh. It is in this back ground, the present writ petition has been filed. The petitioner has been discharging duties as evidenced from the contents of letter dated 17th August 2020 and 27th August 2020 produced during the course of the hearing. The aforementioned documents have been handed over and are ordered to be placed on record to eradicate the defence of the respondent that the petitioner had already been relieved before passing of the interim order. The petitioner had even attempted to file an appeal to the Executive committee against the impugned order but the same has also not been entertained. It was submitted that the petitioner joined on the Weed Management course only in 21st November 2018 as evidenced from Ext.P9.