GEORGE JACOB Vs. STATE OF KERALA

JUDGEMENT

(1.) These writ petitions are connected - perhaps complementary to each other - and are therefore disposed of by a common judgment. Petitioners challenge orders of transfer (Ext. P9 in O.P. No. 3946/88 and Ext. P7 in O.P. 5284/88 hereinafter referred to as Exts.P9 & P7), both claiming retention at Trivandrum.

(2.) Petitioner in O.P. 3946/88 (called Dr. George hereinafter) challenges the order transferring him to Calicut, and petitioner in O.P. 5284/88 (called Dr. Bhat hereinafter) also challenges the order transferring him to Calicut.

(3.) Both started their career as Tutors. Dr. Bhat was then appointed as Assistant Professor in Orthodontics. Against this, Dr. George complained and in consequence Dr. Bhat was reverted. Then a post of Assistant Professor was created, and Dr. Bhat was appointed to that. Later, Dr. Bhat was promoted as Associate Professor. Dr. George filed O.P. 6941/82, 1693/83 & 573/84, challenging the promotion granted to Dr. Bhat, and the rules that enabled the promotion. These were disposed of by a common judgment directing Dr. George to be promoted. To cut a long story short, Dr. George was promoted thereafter as Professor on 28-4-86. Dr. Bhat was retained as Professor by upgrading the post of Associate Professor and both continued at Trivandrum. While so, Ext. P4 order (O.P. 3946/88) was passed directing "to give the charge of the Department of Orthodontics to the Director & Professor". The import of the order is not clear from its phraseology. However, Dr. George challenged this order in O.P. 4169/86.