IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 13TH FEBRUARY 2008 / 24TH MAGHA 1929 WP(C).No. 37421 of 2007(E) -------------------------- PETITIONER: ------------ LILLYKUTTY P.A., L.P.S.A, SABTM L.P.SCHOOL, RANDARKARA, MOOVATTUPUZHA PIN 68673. BY ADV. SRI.N.JAMES KOSHY SRI.T.SANJAY RESPONDENTS: ------------- 1. THE DEPUTY DIRECTOR (EDUCATION) EDUCATION DEPARTMENT, ERNAKULAM. 2. MANAGER, CHURCH U.P.SCHOOL, CHERANALLOOR, ERNAKULAM. *3. THE MANAGER, S.A.B.T.M. L.P.SCHOOL, RANDARKARA, MUVATTUPUZHA. (*IMPLEADED AS ADDITIONAL R3 AS PER ORDER DATED 06/02/08 IN IA NO.1766/08) BY ADV. SRI.KURIAN GEORGE KANNAMTHANAM (SR.) SRI.TONY GEORGE KANNANTHANAM SRI.P.M.SANEER SRI.RAFFEEKH.K SHRI.T.T.MAHMOOD, SR. GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) No. 37421/2007 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF THE REPRESENTATION SENT TO THE 1ST RESPONDENT DATED 11/09/2007. P2 : COPY OF THE ORDER DATED 01/12/2007 ISSUED BY 1ST RESPONDENT. P3 : COPY OF THE LETTER DATED 23/10/2007 SENT BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT. P4 : COPYH OF THE LETTER DATED 23/10/2007 SENT BY THE 2ND RESPONDENT TO THE SABTM SCHOOL. P5 : COPY OF REPRESENTATION SENT TO THE 1ST RESPONDENT DATED 12/12/07. RESPONDENT'S EXHIBITS R3(a) : COPY OF THE ORDER IN WP(C) No. 10071/2006 DATED 29/08/2006. R3(b) : COPY OF THE REVISION PETITION BEFORE THE HONOURABLE SECRETARY TO GOVERNMENT DATED 31/01/2008. // TRUE COPY // PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.37421 OF 2007 ---------------------------------------- Dated this the 13th day of February, 2008 JUDGMENT The petitioner is a protected teacher. By Ext.P2 order, she has been directed to be transferred to Cheranalloor Church U.P. School. The petitioner’s complaint in this writ petition is that Ext.P2 is not being implemented by the respondents in spite of the fact that there is a specific observation in Ext.P2 that if the transferred teacher does not join duty within seven days from the date of receipt of the order, they will lose right for protection. The non-implementation of the order is on account of the fact that the additional 3rd respondent manager of the School in which the petitioner is working is not relieving the petitioner from the School. The additional 3rd respondent submits that against Ext.P2 order, a revision has been filed by him before the Government and no orders have been passed on the same. However, he frankly admits that no stay has been obtained in that revision. That being so, the additional 3rd respondent is bound to implement Ext.P2, especially in view of the specific W.P.(c) No.37421/07 2 direction in Ext.P2 that if the petitioner does not join duty within seven days, she would lose the right to protection. Accordingly, this writ petition is disposed of with a direction to the additional 3rd respondent to relieve the petitioner from duty forthwith so as to enable her to join duty in the School of the 2nd respondent to which she has been transferred and the 2nd respondent shall admit the petitioner to duty as and when she presents herself for joining duty. This order shall not stand in the way of the Government considering the revision stated to have been filed by the additional 3rd respondent, and such joining of the petitioner shall be subject to the result of that revision petition. S. SIRI JAGAN, JUDGE Acd W.P.(c) No.37421/07 3