IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 5TH NOVEMBER 2008 / 14TH KARTHIKA 1930 WP(C).No. 16566 of 2006(V) ---------------------------------------- PETITIONER(S): ------------------------ DEVI SIMON, H.S.A. (MALAYALAM), NETHANY CONVENT GIRLS HIGH SCHOOL, KUNNAMKULAM (RESIDING AT PUTHIYAVEETTIL, THIRUVANCHOOR, PARAMPUZHA P.O., KOTTAYAM). BY ADV. SRI.K.GOPALAKRISHNA KURUP SMT.P.G.MARY LUCY BIYANGA RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY IT'S SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. CORPORATE MANAGER, EDUCATIONAL AGENCY-CATHOLIC DIOCESE OF THIRUVALLA, OFFICE OF THE CORPORATE MANAGER OF SCHOOLS, MARYGIRI, THIRUVALLA. 4. THE MANAGER, CORPORATE MANAGEMENT OF SCHOOLS, DIOCESE OF MUVATTUPUZHA, PIRAVOM-686 664. 5. THE DISTRICT EDUCATIONAL OFFICER, CHAVAKKAD. 6. THE DISTRICT EDUCATIONAL OFFICER, THIRUVALLA. SRI.TONY GEORGE KANNANTHANAM FOR R3 & R4 GOVERNMENT PLEADER SRI.MOHAMMED ANZAR FOR R1,2,5 & 6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.16566/2005 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE ORDER OF APPOINTMENT ISSUED TO THE PETITIONER BY THE 3RD RESPONDENT DT. 29.5.01. P2:- COPY OF THE INTERIM ORDER DT. 9.6.05 IN WPC. NO.17227/05. P3:- COPY OF THE JUDGMENT DT. 9.6.05 IN WPC. NO.17227/05. P4:- COPY OF THE ORDER NO.187/2005 DT. 29.6.05. P5:- COPY OF THE JUDGMENT DT. 25.8.05 IN WPC. 22808/05. P6:- COPY OF THE LETTER DT. 20.10.05 OF THE 5TH RESPONDENT TO THE 3RD RESPONDENT. P7:- COPY OF THE APPLICATION DT. 21.2.06 TO THE 5TH RESPONDENT. P8:- COPY OF THE LETTER DT. 7.4.06 FROM THE 5TH RESPONDENT TO THE 3RD RESPONDENT. P9:- COPY OF THE LETTER SUBMITTED BY THE PETITIONER TO THE 5TH RESPONDENT DT. NIL. RESPONDENT'S EXHIBITS R6(a):- COPY OF THE GOVERNMENT ORDER DT. 4.8.06. /TRUE COPY/ P.S. TO JUDGE tss KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No.16566 of 2006 ----------------------------------------- Dated this the 5th day of November, 2008 JUDGMENT Petitioner approached this court with certain grievances regarding her seniority. According to the petitioner since the transfer is pursuant to bifurcation of the management, she is not liable to be visited with the consequences of inter-management transfer. It is seen that this court has already issued an interim order dated 28-7-2006 followed by 11-8-2006 directing the educational authority to approve the transfer without declaration. Accordingly the educational authorities passed Ext.R6(a) order. The same shall be treated as absolute and not provisional. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No.16566 of 2006 ----------------------------------- JUDGMENT 5th November, 2008