A university professor due to retire in 2027 challenged her transfer from Vellanikkara to Wayanad, claiming transfer-norm protection for employees within three years of retirement. The court held transfer is an incidence of service, recorded the University's undertaking to repost her after one year, and dismissed the petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W. P. (C) No. 10681/2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 22ND DAY OF MARCH 2024 / 2ND CHAITHRA, 1946 WP(C) NO. 10681 OF 2024
PETITIONER:
DR.BINOO P BONNY, AGED 57 YEARS, W/O DR.P.MURALIDHARAN, PROFESSOR AND HEAD, DEPARTMENT OF AGRICULTURAL EXTENSION, COLLEGE OF AGRICULTURE, VELLANIKKARA, THRISSUR, PIN – 680656.
BY ADVS.M/S.S.P.ARAVINDAKSHAN PILLAY, N.SANTHA, V.VARGHESE, PETER JOSE CHRISTO, S.A.ANAND, K.N.REMYA, L.ANNAPOORNA & VISHNU V.K.
RESPONDENTS:
3 REGISTRAR, KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA, THRISSUR, PIN – 680656.
COLLEGE OF AGRICULTURE, VELLANIKKARA, THRISSUR, PIN – 680656.
W. P. (C) No. 10681/2024
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BY ADVS.M/S.ANTONY MUKKATH, REGI MATHEW, TOMY CHACKO
SRI.ROBSON PAUL, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W. P. (C) No. 10681/2024
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MOHAMMED NIAS C. P. , J. ============================
W. P. (C) No. 10681 of 2024
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Dated this the 22nd day of March, 2024
The above Writ Petition is filed challenging the order of transfer of the petitioner who is stated to be the Senior Most Officer and the Head of Department of Agricultural Extension in the College of Agriculture at Vellanikkara at Thrissur.
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W. P. (C) No. 10681/2024
Ext.P-4. The petitioner submits that when Ext.P-1 order has been issued, the petitioner would be protected by the guidelines as she has got only less than 3 years to retire.
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W. P. (C) No. 10681/2024
in the current station after the completion of the said period. This is recorded.
Sd/-
MOHAMMED NIAS C. P.,
JUDGE
MMG
W. P. (C) No. 10681/2024
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APPENDIX OF WP(C).NO.10681/2024
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER NO.KAUGA/3632/2023-G-C3 DATED 12.03.2024 OF THE 3RD RESPONDENT. EXHIBIT P2 TRUE COPY OF THE RELEVANT EXTRACT OF TRANSFER NORMS AND GUIDELINES GOVERNING THE TEACHING STAFF OF THE KERALA AGRICULTURAL UNIVERSITY. EXHIBIT P3 TRUE COPY OF THE ORDER NO.KAUGA/1238/2023-GA-CE DATED 08.09.2023 OF THE DEPUTY REGISTRAR OF THE UNIVERSITY, AS PER THE ORDERS OF THE VICE CHANCELLOR. EXHIBIT P4 TRUE COPY OF THE UNIVERSITY PROCEEDINGS NO.KAUGA/3632/2023-GA-C3 DATED 01.10.2023 OF THE 3RD RESPONDENT. EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 14.03.2024 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE LETTER NO.CMCAAST(02)/2019 DATED 11.09.2023 OF THE PRINCIPAL INVESTIGATOR OF WORLD BANK - FUNDED ICAR NAHEP(NATIONAL AGRICULTURE HIGHER EDUCATION PROGRAMME) CAAST(CENTRE FOR ADVANCED AGRICULTURE SCIENCE AND TECHNOLOGY)
W. P. (C) No. 10681/2024
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EXHIBIT P7 TRUE COPY OF THE MINUTES OF THE MEETING OF THE UNIVERSITY LEVEL SELECTION COMMITTEE FOR RECOMMENDING FACULTY FOR INTERNATIONAL TRAINING HELD ON 11.05.2023. EXHIBIT P8 TRUE COPY OF THE LETTER NO.NIL DATED 12.07.2023 OF THE NATIONAL COORDINATOR OF ICAR TO THE UNIVERSITY'S PRINCIPAL INVESTIGATOR OF THE PROJECT.
EXHIBIT P9 TRUE COPY OF THE RELEVANT EXTRACT OF THE MINIMUM REQUIREMENT FOR ESTABLISHMENT OF NEW COLLEGE IN AGRICULTURE AND ALLIED DISCIPLINES PUBLISHED BY ICAR
RESPONDENTS' EXHIBITS:
EXHIBIT R-3(A) A TRUE COPY OF THE UNIVERSITY ORDER NO. GA/C1/1329/99 DATED 13-04-1999
EXHIBIT R-3(B) A TABLE SHOWING THE OUT STATION DETAILS OF PROFESSORS UNDER AGRICULTURAL EXTENSION
2 issues framed by the court
Whether the petitioner, retiring within three years, was entitled to protection from transfer under the University's transfer norms.
Whether the transfer order of the petitioner to Wayanad was illegal.
Dr. Binoo P Bonny
Kerala Agricultural University
Vice Chancellor, Kerala Agricultural University
Registrar, Kerala Agricultural University
Dean, College of Agriculture
Mohammed Nias C.P.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
