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2023 Supreme(SC) 444

ABHAY S. OKA, RAJESH BINDAL
Sasikala Devi P. – Appellant
Versus
State of Kerala – Respondent


Advocates appeared:
For the Appellant(s) : Mr. A. Raghunath, AOR Mr. V. K. Sidharthan, AOR
For the Respondent(s): Mr. Nishe Rajen Shonker, AOR Mrs. Anu K Joy, Adv. Mr. Alim Anvar, Adv. Mr. Jishnu M L, Adv. Mr. Priyanka Prakash, Adv. Mr. G. Prakash, AOR

JUDGMENT :

(Rajesh Bindal, J.)

1. This order will dispose of two appeals bearing Civil Appeal Nos. 8716 and 8717 of 2012.

2. The judgment of the Division Bench of the High Court of Kerala passed in W.A. Nos.1904 and 1975 of 2008 is under challenge before this Court. Vide aforesaid judgment, the Single Bench judgment of the High Court passed in O.P. No.38578/2002 and W.P.(C) No.15190/2006 dated 20.02.2008 was reversed.

3. The facts are being noticed from Civil Appeal No.8716 of 2012, as common questions of law are involved.

4. The learned counsel for the appellant submitted that the appellant was appointed as Assistant Grade-II in the University of Calicut on 04.05.1988. She was promoted as Assistant Grade-I on 21.12.1989. Thereafter, she was transferred to M.G. University on 04.02.1992 in terms of applicable guidelines for inter-university transfers. On 26.02.1993, she was promoted as Senior Grade Assistant and thereafter, on 03.03.1999 as Selection Grade Assistant.

5. On 04.11.1999, the appellant applied for interuniversity transfer to Kerala University. As per the policy for inter-university transfer, the appellant was placed as the junior-most Assistant in the entry cadre of Ass


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