K PRATHAPAN Vs. KERALA AGRICULTURAL UNIVERSITY

JUDGEMENT

(1.) Petitioners in all these writ petitions are Professors working under the Kerala Agricultural University (hereinafter referred to as ''the University"'). They have filed these writ petitions aggrieved by the order dated 21.10.2017 of the University, by which they stand transferred and posted to College of Agriculture, Padannakkad, saying that they have not completed their bonded obligation at the College of Agriculture, Padannakkad. The transfer was ordered on the basis of a letter dated 17.10.2017 of Associate Dean of the College at Padannakad informing the acute shortage of teachers in the college, which was drastically affecting the academic program of the college. Apart from that the Honourable the Governor of Kerala and Chancellor of the University as well as the Hon'ble Minister for Agriculture, Kerala and Pro Vice Chancellor of the University have directed the University to take immediate measures to address the grievances of the students of the college at Padannakkad. 6 teachers including the petitioners, who were stated to have not completed the bonded obligation at the College at Padannankkad were therefore transferred.

(2.) The common contentions raised in all the three cases are (1) petitioners ceased to have any obligation to serve at Padannakkad at the moment they were transferred from that institution, without any request from them and at any rate they ceased to have any such obligation once they got promotion from the post of Assistant Professors.

(3.) The second contention is that (2) petitioners who are Professors working in various institutions under the University are transferred to a College where there is no post of Professor to accommodate them and the posts available are already manned; transfer to an institution where there is no post is impermissible, as transfers can only be from cadre to cadre, otherwise it would amount to demotion.