USHA C THOMAS Vs. REGISTRAR, KERALA AGRICULTURAL UNIVERSITY

JUDGEMENT

(1.) The writ petition is filed challenging Ext.P5 order of the 1st respondent issued on 21.10.2017 by which 6 teachers including the petitioner herein were transferred to College of Agriculture, Padannakkad from their respective colleges with immediate effect. The reasons stated was that the Associate Dean, College of Agriculture, Padannakkad as per letter dated 17.10.2017 informed that the acute shortage of teaching faculty in the college was drastically affecting the academic programs of the college. Apart from that the Honourable Governor, Government of Kerala and Chancellor of the Kerala Agricultural University as well as the Hon'ble Minister for Agriculture, Kerala and Pro Chancellor of Kerala Agricultural University have directed the University to take immediate measures to address the grievances of the students of the college and the students of Padannakkad. Stating the aforesaid reason, it was ordered that the 6 teachers mentioned therein including the petitioner, who have not completed their bonded obligation at the College of Agriculture, Padannakkad, are transferred to the College of Argiculture, Padannakkad.

(2.) Petitioner is an Assistant Professor in Agronomy. Her appointment was as per Ext.P1 order dated 07.10.2005, against the post exclusively created for the newly established Krishi Vigyan Kendra, Kottayam. As in the case of all appointments, it was ordered that (1) the appointment was stated to be on contract basis as required under Section 42 of the University Act; (2) she was directed to execute an agreement in stamp paper; the period of appointment was stated to be the period till she attains superannuation as laid down in Section 42(5) of the Kerala University Act or till the termination of the Scheme/abolition of the post; (3) for all purposes she would be treated as an employee of the University as part of approved cadre and would be subject to the administrative control of the University; the officer would have lien in the concerned discipline in the newly created KVK mentioned in the notification; (4)(i) selected candidate will work in the station/institution to which he/she is appointed for a minimum period of five years; any leave availed in excess of 2 months per year will not be considered for counting the 5 year period; (ii) option/request for transfer as per clause 3 of Proceedings no. GA/C1/1339/99 dated 13.04.99 prescribing transfer norms will not be entertained under any circumstances till the completion of stipulated 5 years; (iii) University would be free to make interdepartmental/inter unit transfer as per requirement in public interest at any time. The petitioner was directed to report at KVK, Kottayam, within one month with certificate of fitness, etc.

(3.) The 1st respondent has stated that as per Clause 4 of the order of appointment, petitioner has to work for a period of 5 years in the College at Padannakad. Clause 4(i) provides for an obligation to work in the station/institution to which one is appointed. According to petitioner, she does not have any bonded obligation to work at the College of Agriculture, Padannakkad, as her appointment was in KVK Kottayam.