IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 4TH AUGUST 2011 / 13TH SRAVANA 1933 WA.No. 1051 of 2011() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.12985/2011 Dated 01/06/2011 .................... APPELLANT(S): RESPONDENTS 3 & 4 ------------------------ 1. KERALA AGRICULTURAL UNIVERS ITY, REP. BY ITS REGISTRAR, VELLANIKKARA, THRISSUR. 2. DEAN COLLEGE OF AGRICULTURE, KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA, THRISSUR. BY ADV. SRI.K.P.MUJEEB, SC, KERALA AGRI UNIVER RESPONDENT(S): /PETITIONER & RESPONDENTS 1 & 2 -------------------------- 1. ANIL KUMAR, FARM ASSISTANT, SENIOR GRADE COLLEGE OF AGRICULTURE, VELLAYANI, PIN - 680 651. 2. KERALA VETERINARY AND ANIMAL SCIENCE UNIVERSITY, REPRESENTED BY ITS REGISTRAR, MAIN CAMPUS, POOKOT, WAYANAD, PIN - 673 592. 3. REGISTRAR, KERALA VETERINARY & ANIMAL SCIENCE UNIVERSITY, VELLANIKKARA, THRISSUR - 680 651. ADV. SRI.MILLU DANDAPANI FOR R2 & 3 MR.R.T.PRADEEP FOR R1 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 04/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. .................................................................... W.A.No.1051 of 2011 .................................................................... Dated this the 4th day of August, 2011. J U D G M E N T Ramachandran Nair, J. This Writ Appeal is filed by the Kerala Agricultural University challenging the judgment of the learned Single Judge upholding 1st respondent's entitlement to continue in the service of the appellant University. 2. We have heard learned Standing Counsel appearing for the appellant and learned counsel appearing for the 1st respondent. 3. 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 1st 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 2nd respondent, on 30/03/2011 before the W.A.No.1051/2011 2 acceptance of the option the 1st respondent revoked the option and expressed his wish to continue in the appellant University. The learned Single Judge held that the 1st 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. 4. Learned Standing Counsel for the appellant submitted that once option is exercised to go to the service of the 2nd respondent University, the 1st respondent has no right to revoke the same. However, during hearing before the learned Single Judge, the 2nd respondent submitted that 1st respondent had not been taken in its service and the 2nd respondent has no objection in the 1st respondent revoking the option and continuing in the service of the appellant. 5. Therefore, we are unable to find any merit in the grievance of the appellant because admittedly the 1st respondent was in their service and if he had not exercised the W.A.No.1051/2011 3 option he could have continued in the service of the appellant. So long as the appellant has no authority to transfer the 1st respondent's service to the 2nd respondent on the formation of that University, the appellant cannot compel the 1st respondent to join the 2nd respondent. It is seen that the learned Single Judge has approved the revocation of the option exercised by the 1st 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. We therefore do not find any merit in the Writ Appeal and it is accordingly dismissed. (C.N.RAMACHANDRAN NAIR, JUDGE) (P.S.GOPINATHAN, JUDGE) jg