Exts.P9 and P10 orders, by which the petitioner was ordered to be transferred to the Cochin University College of Engineering, Kuttanadu at Pulinkunnu, by the respondent University, are under challenge in this writ petition.
2. The petitioner jointed Cochin University of Science & Technology as Lab Attendant in the year 2001. He was appointed along with one Aboobacker and Abdul Salim in the respondent University. While Sri.Aboobacker was posted in the School of Engineering in the University, the petitioner and Sri.Abdul Salim were posted in the College of Engineering, Kuttanad. The petitioner alleges that Sri.Abdul Salim worked only few months at Kuttanad; and thereafter, he was transferred to the Department of Marine Biology, Microbiology and Biochemistry of the W.P.(C) No. 15800 of 2012 ..2..
University along with the post in which he was working. The petitioner continued to work at Kuttanad till 2011. In 2011, at his request, the petitioner along with the post in which he was working was transferred to the School of Engineering of the University on medical and humanitarian grounds. The petitioner alleges that he and his wife are undergoing treatment for infertility and they have to be together and have to attend the Medical Practitioner, under whom they are under medical treatment, frequently. The petitioner's wife is employed at Ernakulam District. The Medical Practitioner, under whom the petitioner and his wife are undergoing treatment, has certified that they have to continue treatment at least for four more months. While so, the University transferred two posts of Lab Attendant to Kuttanad from University. This, according to the petitioner, is to facilitate transfer of the petitioner and the aforesaid Abdul Salim. The petitioner points out that this is against Ext.P3 transfer norms. He further alleges that he had worked at Pulinkunnu, Kuttanad for more W.P.(C) No. 15800 of 2012 ..3..
than 10 years continuously and he is neither senior most nor junior most in the category of Lab Attendant. He further points out that Sri.Aboobacker, who is in service for more than 10 years, has not worked at Kuttanad. It is with this background, the petitioner has come up before this Court.
3. In the statement filed by the respondent University, it is stated that the Syndicate of the Cochin University of Science and Technology, in its meeting held on 29.05.1999, created four posts of Lab Attendants at the School of Engineering for additional requirements of technical staff for the various laboratories of B.Tech courses, thereby meeting the expenses in that connection from the income generated by self financing courses. They have contended that two posts of Lab Attendant were created at Cochin University of College of Engineering, Kuttanad by the Syndicate in its meeting held on 18.09.1999, considering the proposal of the Director of Centre for undergraduate studies in Engineering, for the requirements of technical staff for W.P.(C) No. 15800 of 2012 ..4..
the University College of Engineering, Pulinkunnu, Alappuzha by meeting the entire expenses from the self financing funds of the college. The mode of recruitment to the posts of Lab Attendant created for the School of Engineering (4 posts) and the Cochin University College of Engineering, Kuttanad (2 posts) is finalized. These posts are to be filled up by direct recruitment and promotion from class IV employees in the ratio 1:1; it is contended. According to the respondent University, vide Government Order dated 09.02.2000, Sri.P.A.Aboobacker, Sri.Abdul Salim and Sri.Binoy P.R. were posted in the Cochin University College of Engineering, Kuttanadu against the vacancy there. According to them, as per para 3 of Ext.P2, the aforesaid persons would be governed by the Cochin University of Science & Technology Act, 1986 and the statutes and ordinances thereunder. As per clause 5 of II in Ext.P3, norms for transfer of non-teaching staff of the Cochin University of Science & Technology of Engineering, Kuttanad, a person, who has been transferred to W.P.(C) No. 15800 of 2012 ..5..
Engineering College, Kuttanad has to serve a minimum period of one year except request transfer and the same person shall not be transferred again. According to them, in the present case, the petitioner was not transferred to Cochin University College of Engineering, Kuttanad, instead, he was recruited to the post of Lab Attendant created exclusively for the Cochin University College of Engineering, Kuttanad; and hence, the said clause of norms for transfer to the Cochin University College of Engineering is not applicable to the petitioner. They have pointed out that it is clear from Ext.P4 order that the petitioner was temporarily transferred to the School of Engineering of Science & Technology on medical and humanitarian grounds. It is contended that during the recent inspection of AICTE team, they have pointed out shortage of technical man power in the College of Engineering, Kuttanad. They have further contended that the Syndicate, in its meeting held on 15.03.2012, had decided to transfer back all the posts created in the self financing sector and the employees W.P.(C) No. 15800 of 2012 ..6..
posted against such posts shall be either transferred back to the respective original position in the self financing sector or the posts abolished if not needed in the self financing sector. Such posts shall not be retained in the main stream under any circumstances; and therefore, it was resolved to transfer back all posts originally created for Cochin University College of Engineering, Kuttanand, which were subsequently transferred to the main stream of the University/School of Engineering with immediate effect to maintain academic quality as pointed out by the AICTE and this Court. It was further contended that as per Section 18(i) of the CUSAT Act, 1986, the Syndicate shall have the powers among others to manage the University for its objectives are being fulfilled. They have taken the stand that the transfer of incumbents along with posts are done temporarily only in exceptional circumstances and there is no post for the petitioner to be accommodated in the School of Engineering and it is obvious that the transfer W.P.(C) No. 15800 of 2012 ..7..
of the petitioner is not a politically motivated move as alleged by the petitioner and it is only by corrective measure adopted by the University in the light of the financial stringency and to maintain academic quality. It is also stated that as a matter of fact, the petitioner stands relieved with effect from 06.07.2012 forenoon.
4. The petitioner has filed reply affidavit to the statement ascertaining the stand taken by him in the writ petition.
5. Arguments have been heard.
6. The argument advanced by the learned counsel for the petitioner is that the petitioner was recruited for the respondent University as a whole and not specifically for the Engineering College, Kuttanad. The learned counsel points out that after recruitment, the petitioner was posted to the College of Engineering, Kuttanad and he was transferred to the School of Engineering. According to the petitioner, Exts.P9 and P10 orders, transferring him to the College of Engineering, Kuttanad, are against transfer norms.
W.P.(C) No. 15800 of 2012 ..8..
7. Admittedly, the petitioner was transferred temporarily to the School of Engineering of Science and Technology on medical and humanitarian grounds. It was pointed out that all employees transferred to Cochin University from College of Engineering at Kuttanad have not been transferred back to the respective original position in the self financing sector or the posts abolished if not needed in the self financing sector. School of Engineering in the University is in self financing sector. In fact, insofar as the teaching staff like Professors, Readers and Lecturers are concerned, the appointments were made specifically for the Department/College concerned. This is evident from Ext.P11, which is the copy of the notification dated 07.04.2000 of the 1st respondent in respect of selection of Professors, Readers and Lecturers. Ext.P12 is the copy of the information sheet no.II showing the posts advertised and the number of posts of teaching staff in various departments/college of the 1st respondent. Ext.P13 is the copy of the order dated 25.05.2001 showing the name of teachers, who W.P.(C) No. 15800 of 2012 ..9..
joined Cochin University College of Engineering, Kuttanad. It was pointed out that many of the teachers have subsequently been transferred to the School of Engineering of the University along with the post from College of Engineering, Kuttanad. Relying on Ext.P14, it was pointed out by the learned counsel for the petitioner that Smt.Sheenu Thomas, who was recruited and appointed in the College of Engineering, Kuttanad, was transferred from the College of Engineering, Kuttanad to Centre of Excellence in Lasers and Optoelectronics on temporary basis as per order dated 18.02.2003 of the 1st respondent. She continues to be in the Centre of Excellence in Lasers and Optoelectronics even now. Therefore, it can be seen that the contention that all posts transferred to the Cochin University to the College of Engineering have been transferred back, does not appear to be true. As the teachers, who had been transferred to Cochin University from College of Engineering, Kuttanad, continue to be in the Cochin University and none of them have been transferred back W.P.(C) No. 15800 of 2012 ..10..
to the College of Engineering, Kuttanad, there is no justification in sending back the technical staff alone.
8. The petitioner was appointed as Lab Attendant pursuant to Ext.P1 notification. After selection, he was posted to the College of Engineering, Kuttanad. The argument advanced by the learned Standing Counsel for the respondent University that the selection of the petitioner was to fill up the post in the College of Engineering, Kuttanad, does not inspire confidence in the light of Ext.P1, which reveals that the selection was for the University as a whole. It is crucial to note that the respondent University, as per Ext.P3, formulated norms for transfer of employees of the University to the Cochin University College of Engineering, Kuttanad. It can be seen from Ext.P3 that a person, who has been transferred to the Engineering College, Pulinkunnu, Kuttanad, has to serve a minimum period of one year except for the request transfer and the same persons shall not be transferred again. It has also been provided therein that after the completion of one year, the next W.P.(C) No. 15800 of 2012 ..11..
immediate junior to the employee already transferred, shall be transferred to the Engineering College, Pulinkunnu, Kuttanad, and this process can be continued in the descending order. If the incumbent liable to be transferred happens to be on leave at that time, the next junior shall be transferred to Pulinkunnu as substitute and when the incumbent on leave rejoins duty, he/she shall join at Pulinkunnu and the substitute shall be relieved from there. The period, thus, served by the substitute at Pulinkunnu, will be reckoned for calculating one year service at Pulinkunnu when his/her normal turn comes. In a particular category, after transfers have been made in the descending order, same process can be continued in the ascending order.
9. It is the practice in the University to transfer the personnel along with the post whenever an employee requests for transfer from one place to another. This is evident from Exts.P6 to P8. Here, in the instant case, without considering the fact that the petitioner had been transferred to the School of Engineering in the University W.P.(C) No. 15800 of 2012 ..12..
on humanitarian and medical grounds, he has been transferred to the College of Engineering, Kuttanad by the University. The petitioner points out that in order to transfer the petitioner and Sri.Abdul Salim A.E. to the College of Engineering, Kuttanad, the University has transferred two posts of Lab Attendant to the College of Engineering, Kuttanad as per Ext.P9. However, with a view to facilitate transfer to one Gopalakrishnan, who was working as Lab Assistant in the College of Engineering, Kuttanad, the post has been transferred to the Department of Marine Biology, Microbiology and Biochemistry in the University. The petitioner points out that the present transfer of the petitioner is on account of his membership in the rival union. Whatever be the reason, the ground, on which the petitioner was transferred to the School of Engineering, exists even now and there is no administrative exigency or expediency to transfer the petitioner to Kuttanad departing from the transfer norms. Therefore, this Court is of the view that the matter requires a re-look by the respondent W.P.(C) No. 15800 of 2012 ..13..
University in the light of Ext.P3 transfer norms.
Therefore, the writ petition is allowed. Exts.P9 and P10 orders are quashed.
The respondent University is directed to reconsider the petitioner's eligibility to continue to be in the School of Engineering in the light of Ext.P14 order after affording the petitioner an opportunity of being heard. This exercise shall be completed within a period of three months from the date of receipt of a copy of this judgment.
Sd/-
A.V. RAMAKRISHNA PILLAI, JUDGE bka/-