IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE B.P.RAY MONDAY, THE 23RD MAY 2011 / 2ND JYAISHTA 1933 WA.No. 347 of 2011() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.24069/2009 Dated 07/12/2010 .................... APPELLANT(S): PETITIONER ------------------------ BABITHA M., PROFESSIONAL ASSISTANT, GRADE - II, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, COCHIN UNIVERSITY P.O., KALAMASSERY, ERNAKULAM. BY ADV. SRI.S.SREEKUMAR SRI.MANOJ RAMASWAMY RESPONDENT(S): / RESPONDENTS --------------- 1. UNIVERSITY OF KERALA, REPRESENTED BY THE REGISTRAR, UNIVERSITY OF KERALA, THIRUVANANTHAPURAM, UNIVERSITY P.O.-695002. 2. THE VICE CHANCELLOR, UNVIERSITY OF KERALA, THIRUVANANTHAPURAM, UNIVERSITY P.O. 695002. 3. COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, REPRESENTED BY THE REGISTRAR, COCHIN UNIVERSITY SCIENCE AND TECHNOLOGY, COCHIN UNIVERSITY P.O., KALAMASSERY, ERNAKULAM, COCHIN-682021. 4. JAYASREE V., PROFESSIONAL ASSISTANT GRADE-II, COCHIN UNIVERSITY OF SCIENCE AND TECHONOLOGY, COCHIN UNIVERSITY P.O. KALAMASSERY, ERNAKULAM. ADV. SRI.M.RAJAGOPALAN NAIR FOR R1-R2 SRI.R.SREERAJ FOR R4 SRI.K.S.MOHAMMED HASHIM,SC,CUSAT,COCHIN THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 23/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & BHABANI PRASAD RAY, JJ. ---------------------------------- W.A. No.347 of 2011 --------------------------------- Dated, this the 23rd day of May, 2011 J U D G M E N T Ramachandran Nair, J. Heard learned counsel appearing for the appellant, learned Standing Counsel appearing for the University and learned counsel appearing for the 4th respondent. 2. The judgment under appeal is one issued by the learned Single Judge rejecting appellant's claim for seniority above the 4th respondent in Cochin University, to which both the appellant and the 4th respondent were transferred. After going through the judgment and after hearing the parties, what we notice is that the inter-university transfers are only reciprocal. The 4th respondent applied for transfer on reciprocal arrangement with another person through an application made in February, 2006. This was allowed and both the parties joined the respective Universities. The appellant also applied for transfer on reciprocal arrangement with another employee, and by the time the same was granted W.A.No.347/2011 -2- and the appellant joined, the 4th respondent was already in the services of the 3rd respondent University. The learned Single Judge noticed that seniority is based on the date of appointment in the service of the University and not based on interse seniority of transferred employees in the University, wherefrom they were transferred. We do not find any ground to interfere with the judgment of the learned Single Judge because admittedly the 4th respondent came on transfer earlier to the 3rd respondent University and the appellant joined under another reciprocal transfer only later. We are not shown any Rule of the 3rd respondent University for granting seniority based on previous employment. We, therefore do not find any ground to interfere with the judgment of the learned Single Judge. The Writ Appeal fails and is accordingly dismissed. (C.N.RAMACHANDRAN NAIR, JUDGE) (BHABANI PRASAD RAY, JUDGE) jg