IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 16TH AUGUST 2011 / 25TH SRAVANA 1933 WP(C).No. 18904 of 2011(K) ------------------------------------------ PETITIONER(S): ------------------------ A.AJITHAKUMARY,LPSA LUTHERAN LP SCHOOL, MADATHICONAM,VEERANAKAVU PO,THIRUVANANTHPAURAM. BY ADV. SRI.P.K.MANOJKUMAR RESPONDENT(S): --------------------------- 1. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM 695 014. 2. THE ASSISTANT EDUCATIONAL OFFICER, KATTAKADA,THIRUVANANTHAPURAM 695 572. 3. REV.C.H.ALFRED, THE CORPORATE MANAGER, LUTHERN SCHOOLS IEL CHURCH,CONCORDIA H.S COMPOUND, THIRUVANANTHAPURAM SYNOD,PERURKADA PO, THIRUVANANTHAPURAM 695 005. R1 & R2 BY GOVERNMENT PLEADER SMT. RANI DIOTHIMA R3 BY ADV. SRI.C.P.PEETHAMBARAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/08/2011 ALONG WITH WPC.NO.20935 OF 2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.18904/2011 K APPENDIX PETITIONERS' EXHIBIT: P1: COPY OF THE ORDER NO.83/2010-2011 DTD. 1/06/2011 ISSUED BY THE MANAGER, 3RD RESPONDENT TO THE PETITIONER. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). Nos.18904/2011-K & 20935/2011-N ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 16th day of August, 2011 J U D G M E N T In W.P.(C). No.20935/2011, the challenge is against the order passed by the Director of Public Instruction, a copy of which is produced as Ext.P10. By the said order, the Additional Director of Public Instruction has cancelled the transfer orders issued by the Manager of the school. The Manager is the petitioner in the said writ petition. 2. In W.P.(C). No.18904/2011, the petitioner is a teacher, who was transferred as per Ext.P1 order but is not getting salary. Now, the said order of transfer is also cancelled by the Director of Public Instruction. 3. The additional respondents 6 to 16 in W.P. (C). No.20935/2011 are some of the teachers who have been transferred by the Manager. Learned Senior Counsel for appearing for the additional respondents submitted that they had no objection with respect to the transfers. W.P.(C). Nos.18904/2011 & 20935/2011 -:2:- 4. The common plea raised by some of the teachers is that the orders have been issued by the Additional Director of Public Instruction without hearing them and without ascertaining the real facts. At the time of admission of W.P.(C). No.20935/2011, this Court passed an interim order dated 02/08/2011 after noticing the fact that the orders of transfer issued by the Management had been challenged by three teachers in W.P.(C).Nos.15120/2011, 15119/2011 and 15135/2011 and interim orders were in force in those writ petitions. The Manager was directed to file an appeal before the Government if aggrieved by Ext.P10 order. It was further directed that as it is submitted that in respect of teachers except six, the transfer orders were implemented, status quo as regards them will continue. 5. Ext.P12 produced by the petitioner in W.P.(C). No.20935/2011 along with I.A.No.13503/2011 is the revision petition filed before the Government by the W.P.(C). Nos.18904/2011 & 20935/2011 -:3:- Manager in terms of the interim order passed by this Court. 6. Heard the learned counsel appearing for the petitioners, learned counsel Shri P.K.Ibrahim appearing for respondent Nos.3 to 5 and learned Senior Counsel Shri S.Sreekumar appearing for additional respondents 6 to 16. 7. In the light of the fact that the revision petition is pending before the Government, there will be a direction to the Government to take a decision on Ext.P12 revision petition (produced in W.P.(C). No.20935/2011 along with I.A.No.13503/2011) with notice to all the petitioners including the teachers affected, within a period of two months from the date of receipt of a copy of this Judgment. The order to maintain status quo issued by this Court will continue in respect of all the teachers till orders are passed in the revision petition. Since it is submitted that the teachers are not getting salary, there will be a W.P.(C). Nos.18904/2011 & 20935/2011 -:4:- direction to disburse salary to the respective teachers also which will be subject to the orders to be passed by the Government. The writ petitions are disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms