IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 18TH JULY 2011 / 27TH ASHADHA 1933 WP(C).No. 14458 of 2011(F) --------------------------------------- PETITIONER(S): ------------------------- V.MOHAMMED BASHEER, HEAD ACCOUNTANT, MES PONNANI COLLEGE, PONNANI P.O., MALAPPURAM. BY ADV. SRI.AJITH KRISHNAN RESPONDENT(S): -------------------------- 1. UNIVERSITY OF CALICUT, REP. BY ITS REGISTRAR, THENJIPALAM, CALICUT-673001. 2. THE CORRESPONDENT AND CHAIRMAN, STANDING COMMITTEE ON MES COLLEGE, CALICUT-1. 3. K.SOURATH, HEAD ACCOUNTANT, MES MAMPAD COLLEGE, MAMPAD COLLEGE P.O., MALAPPURAM DISTRICT-676542. R1 BY ADV. SRI.SANTHOSH MATHEW R2 BY ADVS. SRI.BABU KARUKAPADATH, SMT.M.A.VAHEEDA BABU, SRI.P.G.PRAMOD. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.14458/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER NO.MES/AC/E 1642/04 DTD. 24.10.2008 ISSUED BY THE 2ND RESPONDENT. P2:- COPY OF THE ORDER NO.MEX/AC/E56/10 (NTS) DTD. 5.5.2010 ISSUED BY THE 2ND RESPONDENT. P3:- COPY OF THE ORDER NO.MES/AC/E56/2010 DTD. 7.4.2011. P4:- COPY OF THE REPRESENTATION DTD. 18.4.2011 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.14458/2011-F ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 18th day of July, 2011 J U D G M E N T The petitioner has filed this writ petition aggrieved by Ext.P3 order whereby he is posted as Head Accountant in M.E.S College Ponnani. 2. The petitioner was initially transferred as per Ext.P2 from M.E.S., Kalladi to M.E.S, Mampad while he was working as Head Accountant there. It appears that the petitioner availed leave for 299 days and during this period the third respondent was posted in the leave vacancy. The grievance raised by the petitioner herein is that the order Ext.P3 suffers from various infirmities and that the petitioner ought to have been accommodated in M.E.S, Mampad itself after returning from leave. 3. A statement has been filed on behalf of the second respondent. It is pointed out that immediately after joining M.E.S College, Mampad, the petitioner availed half pay leave for 299 days from 14/06/2010 on personal grounds and since it was beginning of the W.P.(C). No.14458/2011 -:2:- academic year and as the visit of the NAAC Team for re- accreditations of the college was due, Smt.Sourath, Head Accountant working at M.E.S College, Ponnani was transferred to M.E.S College, Mampad. It is pointed out in paragraph (4) of the statement that when a person returns from leave and seeks for joining duty, he will be posted in an open vacancy. It is also pointed out that frequent change of Head Accountant of a college would invite difficulties and as such, the petitioner was given posting at M.E.S College, Ponnani. Evidently, petitioner, after availing leave consequent on Ext.P2 transfer rejoined duty only after 299 days. The College had to fill up the vacancy that too in the post of Head Accountant by transferring the third respondent from M.E.S. College, Ponnani. 4. Learned counsel for the petitioner submitted that being senior to the third respondent, the petitioner ought to have been accommodated, after he completed the leave period, in the same college itself. Evidently, it was not a short term leave but leave was availed for 299 days. Therefore, it cannot be said W.P.(C). No.14458/2011 -:3:- that the authorities of the College have acted arbitrarily by posting the petitioner in an open vacancy at M.E.S College, Ponnani. As rightly pointed out by the second respondent, frequent transfer of the Head Accountant will cause difficulty to the college also. In that view of the matter, it cannot be said that the order impugned is so arbitrary warranting interference under Article 226 of the Constitution of India. The writ petition is dismissed. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms