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HIGH COURT OF KERALA
A. Muhamed Mustaque, J
RENU SUSAN THOMAS – Appellant
Versus
STATE INSTITUTE OF MEDICAL EDUCATION AND TECHNOLOGYSI-MET Advocate -SMT LIGEY ANTONY – Respondent
WRIT PETITION (CIVIL) 6430/2018
Transfer - Employment - Act Section List - The court addressed the legality of the petitioner's transfer within a government institution, affirming the transfer's compliance with service exigencies and ruling out malafides, emphasizing the absence of any rule violations.
Fact of the Case:
The petitioner, an Associate Professor at a government medical institution, challenged his transfer from Palluruthy to Uduma, claiming it was due to malice related to union tensions.
Issues: Whether the transfer of the petitioner was justified and in accordance with applicable regulations, or if it was executed in bad faith.
Ratio Decidendi: The court held that transfers in public employment are often justified by service exigencies, and the absence of rule violations limits judicial intervention in such administrative decisions.
Final Decision: The writ petition is dismissed.
J U D G M E N T
The petitioner is an Associate Professor working on contract arrangement in State Institution of Medical Education and Technology (SI-MET) at Palluruthy. The petitioner has been transferred to Uduma at Kasaragod. This decision is called in question in this writ petition.
2. It is stated in the counter affidavit filed by the
3rd respondent that the transfer of the petitioner was in exigency of service. It is also stated that the Principal of the Nursing College at Palluruthy was resigned on 01.02.2018 and in order to appoint a Principal there, Smt.Geetha P.T, Principal has been transferred from Uduma to Palluruthy. The petitioner is the senior most teaching faculty at Palluruthy. Therefore, it is stated that since there is dearth of teaching faculty at Uduma, the petitioner was transferred to Uduma.
3. The petitioner alleges certain malafides in the W.P.(C) No.6430/2018 2 transfer. It is stated that on account of some strained relationship with the Union leaders, the petitioner has been transferred to Uduma.
4. The State Institution of Medical Education and Technology (SI-MET) is a Kerala Government undertaking. The decision was taken by the Director on 22.02.2018. The petitioner is now continuing at Palluruthy based on the interim order passed by this Court.
5. There is absolutely nothing on record to show that the transfer is in violation of any rules. Plausible reason has been given in the counter affidavit with regard to transfer. This Court cannot interfere with such matter.
Learned Standing Counsel appearing for the SI-MET submits that as and when all the teaching vacancies are filled, the petitioner can be considered for repatriation to Palluruthy.
The writ petition therefore fails and it is accordingly dismissed.
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