CHITHRA PARAYIL Vs. VICE CHANCELLOR, KERALA AGRICULTURAL UNIVERSITY

JUDGEMENT

(1.) The petitioner, who is an Assistant Professor presently working at Regional Agricultural Research Station, Pattambi, has filed this writ petition challenging Ext.P4 order issued by the 1st respondent on 21.10.2017 to the College of Agriculture, Padannakkad, on the ground that it is in violation of Ext.P5 norms relating to transfer of teachers. The transfer was stated to be ordered in the light of the directions of the Honourable Governor of the Kerala and the Chancellor of the Kerala Agricultural University ('University' for short) and the Honourable Minister for Agriculture and Pro Chancellor of the University to take immediate measures to address the grievances of the student of College of Agriculture, Padannakkad. It was stated 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 program of the college.

(2.) The petitioner is an Assistant Professor in Agricultural Economics, presently working at Regional Agricultural Research Station (RARS), Pattambi. Her initial appointment in the University was on 10.12.1999 as per Ext.P1 order. She was posted in a vacancy in NARP Phase I, Regional Agricultural Research Station, Ambalavayal. Clause 4 (i) of Ext.P1 order appointing her stipulated that the selected candidate will work in the station to which she is appointed for a minimum period of 5 years or till the termination of the scheme/project. As per Ext.P2 order issued on 27.08.2002, she was transferred to Padannakkad pointing out the acute shortage of staff at Padannakad, on working arrangement, for that semester. It is stated that the working arrangement was modified as regular transfer and she continued there till 27.06.2005. The petitioner submits that she worked for 5 years and 6 months at Padannakad and Ambalavayal together. As per Ext.P3 order dated 27.6.2005, she was relieved from there and transferred to RARS Pattambi, which is her opted station.

(3.) According to the petitioner, she had already worked at Ambalavayal for 2 years and Padannakkad for 3 years and considering the distance from Ambalavayal and Padannakkad from her opted station, her outstation service is liable to be reckoned as 11 years, under Clause 20(c) of Ext.P5 norms for transfer. According to her, the present transfer is discriminatory and unnecessary when the University has already issued Ext. P6 notification on 13.10.2017 inviting applications for appointment of faculties on contract basis. It is alleged that teachers who were posted exclusively for Padannakad are left out while she is chosen for transfer. Pointing out that there is nobody to look after her son studying in standard VII in a school in Shornur, and her aged and ailing mother. She points out the difficulty in getting admission to her son in any school at this distance of time and also the difficulty to leave the child at Shornur without anybody to look after him. She points out several Assistant Professors in the subject who have never worked in Padannakad and alleges discrimination against her pointing out her transfer on the previous occasion in the year 2002 also to Padannakkad when she had to suffer much on account of it. According to her, there is no reason to choose her for transfer. It is alleged that the order of transfer is liable to be set aside as it is issued in malafide exercise of power and in violation of the transfer norms. She submitted a representation Ext.P7 pointing out the injustice in transferring her and the absence of any bonded obligation to work at Padannakkad.