Case Note & Summary
The petitioner, Annappa Jivappa Kamatgi, was employed as a Lecturer in Vivekanand Senior College, Kolhapur, run by the respondent no.1 trust. He was transferred by an order dated 3/12/1988 to Purandar Junior College, Saswad, as a Junior Lecturer. The petitioner challenged this transfer before the University and College Tribunal under Section 42B of the Shivaji University Act, 1974, arguing that the transfer from a senior college lecturer to a junior college junior lecturer amounted to a reduction in post. The Tribunal dismissed his appeal on 4/4/1990. Aggrieved, the petitioner filed the present writ petition. The High Court examined the facts and found that the transfer involved a change from a senior college to a junior college and a change in designation from Lecturer to Junior Lecturer. The court held that these changes constituted a reduction in post, as the posts were not equivalent. The court noted that the petitioner had higher qualifications and that the transfer was not based on any service condition or consent. Consequently, the court allowed the petition, set aside the Tribunal's order, and quashed the transfer order dated 3/12/1988.
Headnote
A) Service Law - Transfer - Reduction in Post - Transfer from Lecturer in Senior College to Junior Lecturer in Junior College amounts to reduction in post - The petitioner was transferred from the post of Lecturer in Vivekanand Senior College, Kolhapur to the post of Junior Lecturer in Purandar Junior College, Saswad. The court held that such transfer from a senior college to a junior college with a change in designation from Lecturer to Junior Lecturer constitutes a reduction in post, as the posts are not equivalent. The transfer order was set aside. (Paras 1-2)
Issue of Consideration
Whether the transfer of the petitioner from the post of Lecturer in a Senior College to the post of Junior Lecturer in a Junior College amounts to reduction in post and is therefore illegal.
Final Decision
The petition is allowed. The impugned judgment and order of the University and College Tribunal dated 4/4/1990 is set aside. The transfer order dated 3/12/1988 is quashed and set aside.
Law Points
- Transfer from senior college lecturer to junior college junior lecturer amounts to reduction in post
- Transfer order without consent or service condition violates employee rights
- University and College Tribunal's dismissal of appeal set aside
