IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 2ND JUNE 2008 / 12TH JYAISHTA 1930 WP(C).No. 14727 of 2008(C) PETITIONER: LINDA JASMIN HENRY, HEADMISTRESS, B.E.M. L.P.SCHOOL, MELPARAMBA, PALAKKAD DISTRICT. BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.S.A.ANAND RESPONDENTS : 1. DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM, PIN-695 014. 2. CORPORATE MANAGER, C.S.I. SCHOOL IN MALABAR AND WAYANAD, C.S.I. CORPROATE MANAGER'S OFFICE, BANK ROAD, KOZHIKODE, PIN-673 001. 3. JOYCIE E.J., HEAD MISTRESS, M.C.C. L.P.SCHOOL, KOZHIKODE, PIN-673 001. 4. PETER DEVADAS, HEADMASTER, B.E.M. L.P.SCHOOL, PARAPPANANGADI, PIN676 303. R4 BY ADV. SRI.V.RAJENDRAN R2 BY ADV. SRI.BABU JOSEPH KURUVATHAZHA R3 BY ADV. SRI.K.M.FIROZ R1 BY GOVERNMENT PLEADER SRI.M.R.SABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE ORDER NO.1215/06/E/L.Dis. DATED 17.6.2006 OF THE ASSISTANT EDUCATIONAL OFFICER, KOZHIKODE CITY. EXT.P2 TRUE COPY OF THE APPEAL SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT DATED 12.5.2008. EXT.P3 TRUE COPY OF THE ORDER NO.CM/DS/LPH/08-09/PT-1 DATED 7.5.2008 OF THE CORPORATE MANAGER, C.S.I.SCHOOLS IN MALABAR AND WAYANAD. EXT.P4 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM DATED 19.5.2008. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// AHZ/ K.T.SANKARAN, J. -------------------------------------------- W.P.(C) NO. 14727 OF 2008 C -------------------------------------------- Dated this the 2nd June, 2008 JUDGMENT The petitioner is the Headmistress of B.E.M.L.P.School, Melparamba in Palakkad District. The School belongs to the Corporate Management of C.S.I.Diocesan Schools in Malabar and Wynad area. The petitioner made a request for transfer to M.C.C.L.P.School, Kozhikode. It is stated that overlooking the seniority of the petitioner, the third respondent, Joycie E.J., was promoted and posted at M.C.C.L.P. School, Kozhikode. That order was challenged by the petitioner in Ext.P2 appeal before the Director of Public Instructions. 2. While Ext.P2 appeal was pending, the petitioner was transferred from B.E.M.L.P.School, Melparamba to B.E.M.L.P.School, Manjeri, as per Ext.P3 order issued by the Corporate Manager. Challenging Ext.P3 order, the petitioner has filed Ext.P4 appeal before the Director of Public Instructions and that appeal is pending. 3. By Ext.P3 order, the fourth respondent, Peter Devadas, was transferred from B.E.M.L.P.School, Manjeri to B.E.M.L.P.School, Parappanangadi. Challenging Ext.P3 order to the extent to which the fourth respondent is affected, he has filed an appeal before the Director of Public Instructions and that appeal is also pending. W.P.(C) NO.14727 OF 2008 :: 2 :: 4. Thus, three appeals are pending before the Director of Public Instructions. It is necessary to dispose of all those three appeals to give a quietus to the dispute among the petitioner, the third respondent and the fourth respondent. At the same time, it would only be just and proper to stay the transfer of the petitioner from B.E.M.L.P.School, Melparamba to B.E.M.L.P. School, Manjeri. It is submitted that the fourth respondent, who was transferred from B.E.M.L.P.School, Manjeri to B.E.M.L.P.School, Parappanangadi, has taken charge at Parappanangadi. Learned counsel appearing for all the parties have agreed for an early disposal of the three appeals pending before the Director of Public Instructions and for staying the transfer of the petitioner to B.E.M.L.P.School, Manjeri till the disposal of the appeals by the Director of Public Instructions. Accordingly, the Writ Petition is disposed of in the following manner: a) The Director of Public Instructions shall dispose of Exts.P2 and P4 appeals, filed by the petitioner, and the appeal filed by Peter Devadas against Ext.P3 order, within a period of six weeks, after affording an opportunity of being heard to the petitioner- Linda Jasmine Henry, the third respondent – Joycie E.J., the fourth respondent – Peter Devadas, and the second respondent, the Corporate Manager. W.P.(C) NO.14727 OF 2008 :: 3 :: b) Pending the disposal of the appeals by the Director of Public Instructions, transfer of the petitioner, Linda Jasmine Henry, from B.E.M.L.P.School, Melparamba to B.E.M.L.P.School, Manjeri shall stand stayed. and c) It is made clear that the Manager would be free to fill up the vacancy of Headmistress at B.E.M.L.P.School, Manjeri. (K.T.SANKARAN) Judge ahz/