IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 16TH NOVEMBER 2011 / 25TH KARTHIKA 1933 WP(C).No. 22243 of 2011(E) ----------------------------------------- PETITIONER(S): ------------------------ K.LALITHAMBIKA,JUNIOR STENOGRAPHER, RASHTRIYA SANSKRIT SANSTHAN(DEEMED UNIVERSITY), GURUVAYOOR CAMPUS, PO PURANATTUKARA, THRICHUR DISTRICT 680 551. BY ADVS. SRI.K.JAJU BABU, SRI.M.U.VIJAYALAKSHMI, SRI.BRIJESH MOHAN, SRI.T.R.SADEESAN, SRI.T.S.SHYAM PRASANTH. RESPONDENT(S): ---------------------------- 1. UNION OF INDIA,REPRESNTED BY SECRETARY TO MINISTRY OF HUMAN RESOURCES DEVELOPMENT, CENTRAL SECRETARIAT,NEW DELHI 110 001. 2. RASHTRIYA SANSKRIT SANSTHAN(DEEMED UNIVERSITY) 56-57,INSTITUTIONAL AREA,JANAK PURI, NEW DELHI 110 058,REPRESENTED BY ITS REGISTRAR. 3. THE PRINCIPAL , RASHTRIYA SANSKRIT SANSTHAN(DEEMED UNIVERSITY),GURUVAYUR CAMPUS, PURANATTUKARA,TRICHUR DISTRICT 680 551. 4. SRI.K.M.RAVINDRAN,JUNIOR STENOGRAPHER, RASHTRIYA SANSKRIT SANSTHAN(DEEMED UNIVERSITY) GURUVAYUR CAMPUS,PO PURANATTUKARA, TRICHUR DISTRICT 680 551. R1 BY ADV. SRI.P.PARAMESWARAN NAIR,ASG OF INDIA R2 & R3 BY ADV. SRI. N.M.MADHU R4 BY ADV. SMT. C.S.RAJANI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/11/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.22243/2011 E APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE LETTER DTD. 1/05/87 SUBMITTED BY THE 3RD RESPONDENT TO THE DIRECTOR. P2: COPY OF THE CERTIFICATE DTD. 31/07/98 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. P3: COPY OF THE REPRESENTATION DTD. 22/08/01 SUBMITTED BY THE PETITIONER TO THE DIRECTOR. P4: COPY OF THE MEDICAL CERTIFICATE OF THE PETITIONER ISSUED BY THE COIMBATORE ARYA VAIDYA PHARMACY. P5: COPY OF THE ORDER DTD. 12/08/11 ISSUED BY THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS: R3(A): COPY OF THE ORDER OF INTER- CAMPUS TRANSFER DTD. 29/08/2011 ISSUED BY THE SANSTHAN. R3(B): COPY OF THE LETTER OF APPROVAL DTD. 02/08/2011 REGARDING THE TRANSFER OF THE PETITIONER. /TRUE COPY/ P.A.TO JUDGE Kss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.22243/2011-E ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 16 th day of November, 2011 J U D G M E N T The petitioner herein is aggrieved by the order of transfer Ext.P5 by which she is transferred to Pavaratty Centre of the Guruvayur Campus, Puranattukkara till further orders and the fourth respondent is transferred to Guruvayur Campus, Puranattukkara. 2. The case of the petitioner is that she was appointed on 01/07/1977 as Typist-Clerk in the Guruvayur Sahithya Deepika Sanskrit Vidhyapeetha at Pavaratty. The said institution was taken over by Rashtriya Sahithya Sansthan under the first respondent in the year 1979 and a new campus at Puranattukara was started in the academic year 1982-83. The petitioner was appointed as Lower Division Clerk with effect from 16/07/1979 and later, she was appointed as Junior Stenographer as per order dated 31/01/1981 and thereafter, she is working there. The petitioner is residing at Puranattukara itself. According to the W.P.(C). No.22243/2011 -:2:- petitioner, she was not liable to be transferred out as the fourth respondent, who is Junior Stenographer came to Pavaratty campus on his transfer from Sringeri Campus in Karnataka in the year 2005 and he has been posted there, specifically for utilising his services at Pavaratty Centre. 3. In the counter affidavit filed by the third respondent it is explained that both the campuses at Puranattukara and Pavaratty are attached to the same campus, namely, Guruvayoor campus. Therefore, it is only an internal arrangement and it cannot be termed as a transfer at all. The stand thus taken is that the campus at Puranattukara is the main campus and Pavaratty is an off campus. It is pointed out that the inter centre transfer (within the campus) is done only according to the requirement of the campus. There is one lady Assistant Professor at Pavaratty Centre who is holding charge of that centre and she requested for the service of a lady Junior Stenographer and that is the only reason for transferring the petitioner temporarily. W.P.(C). No.22243/2011 -:3:- 4. Evidently, it is only an inter centre transfer. It is also pointed out that the distance between the two centres is 15 kms. Going by the counter affidavit, the posting now done is on a temporary basis. Therefore, I am not satisfied that the order is so arbitrary or illegal warranting interference by this Court under Article 226 of the Constitution of India. Therefore, the writ petition is dismissed. 5. If the petitioner has got any other grievance, namely, as regards the claim for promotion to the post of Senior Stenographer, the same will be considered (representations Exts.P1 and P3) by the second respondent and appropriate reply will be furnished to the petitioner within a period of three months. No costs. (T.R. Ramachandran Nair, Judge.) ms