IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 30TH NOVEMBER 2011 / 9TH AGRAHAYANA 1933 WP(C).No. 29533 of 2011(N) ---------------------------------------- PETITIONER(S): ----------------------- T. USHA KUMARI, HEADMISTRESS, LMS LPS VILANGARA, RESIDING AT 'INDU BHAVAN', PULAMAN P.O., KOTTARAKKARA. BY ADV. SRI.R.LAKSHMI NARAYAN, SMT.R.RANJINI. RESPONDENT(S): -------------------------- 1. THE DIRECTOR OF PUBLIC INSTRUCTIONS, TRIVANDRUM-695 001. 2. THE DISTRICT EDUCATIONAL OFFICER, KOTTARAKKARA P.O., KOLLAM-691 506. 3. A.E.O., VELLIYAM, PALLAM, ODANAVATTOM P.O., KOLLAM-691 512. 4. THE CORPORATE MANAGER, CHURCH OF SOUTH INDIA SOUTH KERALA DIOCESE, L.M.S. SCHOOLS, L.M.S. COMPOUND, THIRUVANANTHAPURAM-695 033. 5. LUKOSE MATHEW, HEADMASTER, LMS LPS, KUDUMBANOOR-695 001. R1 TO R3 BY GOVT. PLEADER MR.M.A. FAYAZ. R4 BY ADV. SRI.R.T.PRADEEP, SRI.SREEKANTH S.NAIR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/11/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 29533 of 2011(N) APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1: THE PHOTOCOPY OF THE MEDICAL CERTIFICATE. EXHIBIT P2: THE PHOTOCOPY OF THE CERTIFICATE OF MERIT. EXHIBIT P3: THE PHOTOCOPY OF THE ORDER DATED 26/4/2011. EXHIBIT P4: THE PHOTOCOPY OF THE LETTER DATED 29/9/2011. EXHIBIT P5: THE PHOTOCOPY OF THE EXPLANATION DATED 13/10/2011. EXHIBIT P6: THE PHOTOCOPY OF THE ORDER DATED 29/10/2011. EXHIBIT P7: COPY OF THE COVER. EXHIBIT P8: COPY OF THE ATTENDANCE REGISTER FOR THE MONTH OCTOBER NOVEMBER 2011. EXHIBIT P9: COPY OF THE COVER. EXHIBIT P10: COPY OF THE LETTER BOOK-OUT WARD REGISTER OF THE SCHOOL. EXHIBIT P11: COPY OF THE TEACHERS BANK REGISTER. EXHIBIT P12: COPY OF THE RECEIPT ISSUED BY THE PETITIONER. EXHIBIT P13: COPY OF THE LOG BOOK OF THE SCHOOL. EXHIBIT P14: COPY OF THE ACQUITTANCE ROOL MAINTAINED IN THE SCHOOL. EXHIBIT P15: COPY OF THE LETTER DATED 11/11/2011 GIVEN TO SMT.V.P. SHINY. EXHIBIT P16: COPY OF THE REPLY GIVEN TO SMT.V.P.SHINY. EXHIBIT P17: COPY OF THE LETTER DATED 11/11/2011 GIVEN TO SOJAN. EXHIBIT P18: COPY OF THE REPLY GIVEN TO SOJAN. EXHIBIT P19: COPY OF THE LETTER DATED 11/11/2011 ISSUED TO THE 3RD RESPONDENT. EXHIBIT P20: COPY OF THE LETTER DATED 22/11/2011. EXHIBIT P21: COPY OF THE LOG BOOK. EXHIBIT P22: COPY OF THE MOVEMENT REGISTER. EXHIBIT P23: COPY OF THE MINUTES OF THE PARENTS TEACHERS ASSOCIATION MEETING FOR 2011-2012. EXHIBIT P24: COPY OF THE LETTER DATED 10/06/2011 SUBMITTED TO THE 4TH RESPONDENT. (P.T.O.) WP(C).No. 29533 of 2011(N) EXHIBIT P25: COPY OF THE LETTER DATED 29/08/2011 SUBMITTED BY THE PETITIONER. EXHIBIT P26: COPY OF THE LETTER ISSUED BY PARENTS TEACHERS ASSOCIATION OF THE SCHOOL ON 11/11/2011. EXHIBIT P27: COPY OF THE LETTER DATED 21/11/2011 SUBMITTED BY THE UMMANNOOR GRAMA PANCHAYAT TO THE 4TH RESPONDENT. EXHIBIT P28: COPY OF THE LETTER DATED 27/09/2010 SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT. RESPONDENT'S EXHIBITS:- EXT.R4A: COPY OF THE COMPLAINT DATED 12/09/2011 BY PARENTS TEACHERS ASSOCIATION OF VILLOOR L.M.S.L.P. SCHOOL. EXT.R4B: COPY OF THE COMPLAINT OF PARENTS TEACHERS ASSOCIATION DATED 03/03/2011. EXT.R4C: COPY OF THE INTIMATION DATED 31/10/2011 GIVEN BY 6TH RESPONDENT TO CORPORATE MANAGER. EXT.R4D: COPY OF THE ATTENDANCE REGISTER IN THE MONTH OF OCTOBER 2011. EXT.R4E: COPY OF THE CHARGE BOOK. EXT.R4F: COPY OF THE REPORT DATED 10/11/2011. EXT.R4G: COPY OF THE REPORT DATED 11/11/2011. EXT.R4H: COPY OF THE REPORT DATED 14/11/2011. EXT.R4I: COPY OF THE REPORT DATED 15/11/2011. EXT.R4J: COPY OF THE REPORT DATED 16/11/2011. EXT.R4K: COPY OF THE REPORT DATED 17/11/2011. EXT.R4L: COPY OF THE REPORT DATED 18/11/2011. EXT.R4M: COPY OF THE REPORT DATED 19/11/2011. EXT.R4N: COPY OF THE REPORT DATED 21/11/2011. EXT.R4O: COPY OF THE REPORT DATED 22/11/2011. EXT.R4P: COPY OF THE COMMUNICATION DATED 19/11/2011. //TRUE COPY// P.A. TO JUDGE rs T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.29533/2011-N ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 30th day of November, 2011 J U D G M E N T The challenge herein is against the order of transfer Ext.P6 whereby the petitioner-Headmistress is transferred from L.M.S. L.P.S., Vilangara to L.M.S. L.P.S., Kudumbannoor. The fifth respondent-Headmaster was transferred in the place of the petitioner to L.M.S. L.P.S, Vilangara. Initially, this Court had passed an interim order dated 04/11/2011 wherein the direction was to keep in abeyance the implementation of Ext.P6 for a period of two weeks and the petitioner was also directed to file an appeal before the Director of Public Instruction in the meanwhile. This was extended by ten days from 18/11/2011. Later, by order dated 21/11/11, the interim order was vacated on the basis of the submission made by the learned counsel for the Manager that the fifth respondent joined the school on 31/10/2011. Thereafter, the petitioner has filed a detailed affidavit and the Manager has also filed an additional counter affidavit. W.P.(C).No.29533/2011 2 2. The matter was heard on the dispute raised with regard to the continuance of the petitioner from 31/10/2011 in the school. During the course of the argument, it was submitted by the learned counsel for the Manager that vacancies will arise consequent on retirement on 01/04/2012 onwards, and the petitioner can be given a convenient posting to L.M.S. L.P.S, Nellikunnu. After getting instructions from the petitioner, the learned counsel for the petitioner submitted today that the said proposal is agreeable to the petitioner. In the light of the above submission, challenge against the present transfer has become academic. 3. It is further submitted that the period of the petitioner from 21/11/2011 onwards, will have to be regularised and the learned counsel for the Manager submitted that he will take steps in the matter for regularising the said period. Therefore, appropriate steps will be taken by the Manager to see that there is no break in service for the petitioner as well as the W.P.(C).No.29533/2011 3 fifth respondent. Learned counsel for the petitioner also submitted that the petitioner will join the school at Kudumbannoor by 06/12/2011 which is recorded. 4. It is further pointed out by the learned counsel for the petitioner that the petitioner is due to retire from service on 31/03/2013 and she may not be subjected to frequent transfers. This is a matter for the Manager to consider. 5. In the light of the above, the learned counsel for the petitioner submitted that the petitioner will not be prosecuting the appeal filed against Ext.P6 which will be duly informed in writing to the Director of Public Instruction. The writ petition is disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms