IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 5TH AUGUST 2009 / 14TH SRAVANA 1931 WP(C).No. 15720 of 2009(H) - ------------------------- PETITIONER(S): --------------- DR.K.KRISHNAN NAMBOOTHIRI,LECTURER, (SAHITIYA),RASHTRIYA SANSKRIT SANSTHAN DEEMED UNIVERSITY,GURUVAYUR CAMPUS,PURANATTUKARA, THRISSUR-680 551. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.BRIJESH MOHAN SRI.T.R.SADEESAN SRI.T.S.SHYAM PRASANTH RESPONDENT(S): --------------- 1. RASHTRIYA SANSKRIT SANSTHAN DEEMED UNIVERSITY,JANAK PURI,NEW DELHI-110058, REP.BY ITS REGISTRAR. 2. THE VICE CHANCELLOR, RASHTRIYA SANSKRIT SANSTHAN DEEMED UNIVERSITY, JANAK PURI,NEW DELHI-110058. 3. THE PRINCIPAL, RASHTRIYA SANSKRIT SANSTHAN DEEMED UNIVERSITY, GURUVAYUR CAMPUS,PURANATTUKARA,THRISSUR-680 551. ADV. SRI.KRB.KAIMAL, SENIOR ADVOCATE FOR R2-3 SRI.N.M.MADHU,SC,RASHTRIYA SANKRI SD UT FOR R1-3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX Petitioners Exhibits: Ext.P1: True copy of the common judgment dated 30.10.2007 in WP(C) Nos. 2421 and 7261/2007 of this Hon'ble Court. Ext.P2: True copy of the judgment dated 7.4.2008 in W.A.4/2008 of this Hon'ble Court. Ext.P3: True copy of the order dated 11.7.2008 in Spl. Leave Petitions No.15149 and 15150/08 of the Hon'ble Supreme Court. Ext.P4: True copy of the Order dated 10.9.2008 in Review Petition Nos.1801 and 1802/08 of the Hon'ble Supreme Court. Ext.P5: True copy of the Order dated29/30.9.2008 issued by the 1st respondent. Ext.P6: True copy of the Order No.39 dated 18.05.2009 issued by the In charge of Deputy Registrar(Admn) of the 1st respondent Ext.P7: True copy of the Order No.341 dated 26.05.2009 issued by the 3re respondent to the petitioner. Ext.P8: True copy of the Order No. 190 dated 14.9.1993 issued by the Deputy Director (Admn) of the 1st respondent. Ext.P9: True copy of the Order No.853 dated 18.3.2002 issued by the 3rd respondent. /True copy/ P.A. To Judge T.R. RAMACHANDRAN NAIR, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (C) No.15720 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of August, 2009 J U D G M E N T Petitioner who is a Lecturer in Sahitya of the erstwhile Guruvayur Kendriya Sanskrit Vidya Peeth affiliated to Calicut University is aggrieved by Ext.P6 order of transfer by which the petitioner has been transferred to the centre in Jammu & Kashmir. By interim order dated 8.6.2009, this court had permitted the petitioner to continue, which has since been extended. 2. The respondents have filed two counter affidavits and the petitioner has filed a reply affidavit in the matter. 3. Heard learned counsel for the petitioner and learned Senior counsel appearing for the respondents; the matter was argued at length. The respondents were asked whether the petitioner could be accommodated in any near by centres where vacancies are available. It is submitted by the learned Senior counsel appearing for the respondents that the WPC. No.15720 OF 2009 : 2 : petitioner could be accommodated either at Bhopal or in Puri centre, Orissa. It is submitted that the transfer order was required to be issued since another Lecturer from Jammu was transferred to Bhopal. This suggestion is agreeable to the learned counsel for the petitioner. Hence the matter is not considered on merits and the contentions of the parties are left open. If the petitioner make a representation within one week to the second respondent seeking for transfer either to Bhopal or to Puri, appropriate order shall be passed within a further period of two weeks from the date of receipt of a copy of the representation. Till such orders are passed, the petitioner will continue in the present station. When a regular vacancy arises in the centre of Guruvayur the claim of the petitioner for a reposting will also be considered. The writ petition is disposed of as above. No costs. (T.R. RAMACHANDRAN NAIR, JUDGE) jma