Case Note & Summary
The appellant, Dr. Jagannath Olekar, was an Associate Professor (Field Officer) at the University of Agricultural Sciences, Bangalore. He was transferred by orders dated 08.07.2024 and 09.07.2024 to Vishweswaraya Canal Farm, Mandya, as a Professor in his own pay-scale. The appellant challenged these transfer orders before a learned Single Judge, who dismissed his writ petition. Aggrieved, he filed the present intra-court appeal. The appellant contended that the transfer was to a post not equivalent to his current post, and that the transfer was made without consultation with the Central Government as required under Section 30(1) of the Universities of Agricultural Sciences Act, 2009. He also argued that he had no teaching experience and was not a 'Teacher' under the Act. The Division Bench of the High Court of Karnataka, comprising Chief Justice Vibhu Bakhru and Justice C M Joshi, allowed the appeal. The court held that the transfer to a non-equivalent post was impermissible. It further held that the appellant was a teacher under the Act and that the transfer without consultation with the Central Government was invalid. The impugned order of the learned Single Judge was set aside, and the transfer orders were quashed.
Headnote
A) Service Law - Transfer - Non-Equivalent Post - Transfer of an Associate Professor (Field Officer) to a Professor post at a different location is invalid as the post is not equivalent to the one held. The court held that transfer to a non-equivalent post is not permissible under service jurisprudence. (Paras 3-5) B) Service Law - Transfer - Consultation with Central Government - Section 30(1) of the Universities of Agricultural Sciences Act, 2009 - Transfer of a teacher without consultation with the Central Government is invalid. The court held that the appellant, being a teacher under the Act, could not be transferred without such consultation. (Paras 4-5) C) Service Law - Teacher Definition - Section 30(1) of the Universities of Agricultural Sciences Act, 2009 - The appellant, though a Field Officer, is a teacher under the Act as he is engaged in teaching and research activities. The court held that the definition of teacher includes field officers. (Para 4)
Issue of Consideration
Whether the transfer of the appellant from the post of Associate Professor (Field Officer) at Bangalore to the post of Professor at V.C. Farm, Mandya, is valid when the post is not equivalent and without consultation with the Central Government under Section 30(1) of the Universities of Agricultural Sciences Act, 2009.
Final Decision
The appeal is allowed. The impugned order dated 27.09.2024 passed by the learned Single Judge in W.P.No.18766/2024 is set aside. The transfer orders dated 08.07.2024 and 09.07.2024 are quashed.
Law Points
- Transfer to non-equivalent post is impermissible
- Consultation with Central Government mandatory under Section 30(1) of the Universities of Agricultural Sciences Act
- 2009
- Teacher definition includes field officers
- Writ appeal allowed
