ABDUL RAHEEM MANCHINGAL Vs. KERALA AGRICULTURAL UNIVERSITY

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking the following reliefs:-

(2.) Petitioner was working as Office Superintendent at Engineering Division of the Kerala Agricultural University, Kelappaji College of Agricultural Engineering and Technology Campus, Tavanur, Malappuram District. Petitioner was transferred and posted to the said station in the year 2017. According to the petitioner, while he was continuing in the office of the 4 th respondent, there was a re-arrangement of post under the 1 st respondent University. Consequent to which, the existing post of Office Superintendent at the Engineering Division, Tavanur was re- designated/reduced to the post of Computer Assistant. At the same time during the discussion on the re-structuring of the post, it was agreed that the existing incumbents would be permitted to continue in their respective posts at least for one year. Case projected by the petitioner is that, the said aspect was conveniently ignored by the 2nd respondent while issuing Ext.P6 order of transfer, whereby the petitioner was transferred to Regional Agricultural Research Station, Ambalavayal. Basically aggrieved by order of transfer petitioner has filed this writ petition.

(3.) When the matter came up for admission, an interim order was granted against transfer which is still in force, and yet another interim order was passed directing the respondents to provide the salary to the petitioner unless any disciplinary proceedings is initiated against him. I am informed that the salary is being paid to the petitioner. The contention put forth by the learned counsel for the petitioner is that, as per Ext.P1 staff re- structuring, petitioner has exercised the option as per Ext.P2 and petitioner has given the option for transfer to 1. Anakkayam 2. Tavanur and 3. Pattambi. It is also pointed that as per Ext.P3 circular issued by the University fixing guidelines for transfer, petitioner is entitled to get the benefit of II Clause 6, which read thus:-