Dismissed

Kerala Agricultural University v. a.Anil Kumar & Others

Kerala HC4 Aug 2011WA/1051/2011

Case brief

AI extract

What is this about?

In this Writ Appeal, the Kerala Agricultural University challenged a judgment upholding an employee's entitlement to continue service after revoking an option to join the new Kerala Veterinary and Animal Sciences University. The Supreme Court observed, relied upon by the Single Judge, that an option can be revoked before acceptance, allowing the employee to remain with the original employer.

What did the court decide?

The Writ Appeal was dismissed finding no merit in the grievance raised by the appellant.

Kerala Agricultural University Vs a.Anil… — Pension and Retirement Benefits | Kerala HC (2011)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR &

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THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN

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THURSDAY, THE 4TH AUGUST 2011 / 13TH SRAVANA 1933

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WA.No. 1051 of 2011()

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--------------------AGAINST THE JUDGEMENT/ORDER IN WPC.12985/2011 Dated 01/06/2011

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APPELLANT(S): RESPONDENTS 3 & 4

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KERALA AGRICULTURAL UNIVERS ITY, REP. BY ITS REGISTRAR, VELLANIKKARA, THRISSUR.

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DEAN COLLEGE OF AGRICULTURE, KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA, THRISSUR.

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BY ADV. SRI.K.P.MUJEEB, SC, KERALA AGRI UNIVER

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RESPONDENT(S): /PETITIONER & RESPONDENTS 1 & 2

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ANIL KUMAR, FARM ASSISTANT, SENIOR GRADE COLLEGE OF AGRICULTURE, VELLAYANI, PIN - 680 651.

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KERALA VETERINARY AND ANIMAL SCIENCE UNIVERSITY, REPRESENTED BY ITS REGISTRAR, MAIN CAMPUS, POOKOT, WAYANAD, PIN - 673 592.

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REGISTRAR, KERALA VETERINARY & ANIMAL SCIENCE UNIVERSITY, VELLANIKKARA, THRISSUR - 680 651.

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ADV. SRI.MILLU DANDAPANI FOR R2 & 3

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MR.R.T.PRADEEP FOR R1

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 04/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ.

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.................................................................... W.A.No.1051 of 2011

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.................................................................... Dated this the 4^th day of August, 2011.

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J U D G M E N T

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Ramachandran Nair, J.

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This Writ Appeal is filed by the Kerala Agricultural University challenging the judgment of the learned Single Judge upholding 1^st respondent's entitlement to continue in the service of the appellant University.

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We have heard learned Standing Counsel appearing for the appellant and learned counsel appearing for the 1^st respondent.

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On formation of the Veterinary and Animal Sciences University those working in the appellant University were given option to join the new University. Even though the 1^st respondent exercised option and vide letter dated 14/02/2011 the list of employees who have opted for Kerala Veterinary and Animal Sciences University was sent to the Registrar of the 2^nd respondent, on 30/03/2011 before the

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W.A.No.1051/2011

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acceptance of the option the 1^st respondent revoked the option and expressed his wish to continue in the appellant University. The learned Single Judge held that the 1^st respondent is entitled to revoke the earlier option exercised before acceptance of the same and was therefore entitled to continue in the service of the appellant. It is against this judgment, this Writ Appeal is filed.

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Learned Standing Counsel for the appellant submitted that once option is exercised to go to the service of the 2^nd respondent University, the 1^st respondent has no right to revoke the same. However, during hearing before the learned Single Judge, the 2^nd respondent submitted that 1^st respondent had not been taken in its service and the 2^nd respondent has no objection in the 1^st respondent revoking the option and continuing in the service of the appellant.

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Therefore, we are unable to find any merit in the grievance of the appellant because admittedly the 1^st respondent was in their service and if he had not exercised the

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W.A.No.1051/2011

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option he could have continued in the service of the appellant. So long as the appellant has no authority to transfer the 1^st respondent's service to the 2^nd respondent on the formation of that University, the appellant cannot compel the 1^st respondent to join the 2^nd respondent. It is seen that the learned Single Judge has approved the revocation of the option exercised by the 1^st respondent on 30/03/2011 based on the legal position settled by the Supreme Court in the decision referred to in the judgment of the learned Single Judge.

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We therefore do not find any merit in the Writ Appeal and it is accordingly dismissed.

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(C.N.RAMACHANDRAN NAIR, JUDGE)

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(P.S.GOPINATHAN, JUDGE)

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Kerala Agricultural University v. a.Anil Kumar & Others

Case brief

What is this about?

What did the court decide?

Kerala Agricultural University v. a.Anil Kumar & Others

Case brief

What is this about?

What did the court decide?

What the court decided

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