IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 12TH JUNE 2009 / 22ND JYAISHTA 1931 WP(C).No. 13842 of 2009(A) ---------------------------------------- PETITIONER(S): ------------------------ JOYCIE E.J., W/O. MOHANDAS KALARIKKAL, `BETHEL', PAVUMKANDY PARAMBA, NEAR VRINDAVAN COLONY, CHEVAYUR, CALICUT - 673 017. BY ADV.MR.K.M.FIROZ RESPONDENT(S): --------------------------- 1. THE CORPORATE MANAGER, C.S.I. SCHOOL IN MALABAR AND WAYANAD, C.S.I. CORPORATE MANAGER'S OFFICE, BANK ROAD, KOZHIKODE - 673 001. 2. THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM - 695 014. 4. THE ADDITIONAL DIRECTOR (ACADEMIC), GENERAL EDUCATION DIRECTORATE,THIRUVANANTHAPURAM. 5. THE DISTRICT EDUCATIONAL OFFICER, KOZHIKODE. 6. THE ASSISTANT EDUCATIONAL OFFICER, KOZHIKODE. 7. THE DEPUTY DIRECTOR, EDUCATION, DEPARTMENT OF GENERAL EDUCATION, KOZHIKODE. 8. LINDA JASMINE HENRY, B.E.M.L.P.SCHOOL, PARAPPANANGADI, PALAKKAD DISTRICT. 9. PETER DEVADAS P.V., M.C.C.L.P.SCHOOL, KOZHIKODE – 1. R1 BY ADVS.MR.BABU JOSEPH KURUVATHAZHA, MR.C.P.SIVADASAN NAIR. R2 TO R7 BY SR. GOVERNMENT PLEADER MR.T.T.MUHAMOOD R8 BY ADV. MR.P.V.KUNHIKRISHNAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.NO.13842/2009 A APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE TEMPORARY UNWILLINGNESS SUBMITTED BY THE PETITIONER TO THE FIRST RESPONDENT DTD. 31/05/2006. P2: COPY OF THE PROCEEDINGS DTD. 17/06/2008 ISSUED BY THE ASSISTANT EDUCATIONAL OFFICER, KOZHIKODE. P3: COPY OF THE WITHDRAWAL APPLICATION DTD. 8/07/2006 SUBMITTED BY THE PETITIONER WITHDRAWING THE LETTER DTD. 31/05/2006. P4: COPY OF THE ORDER DTD. 17/07/2007 PASSED BY THE DISTRICT EDUCATIONAL OFFICER. P5: COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DTD. 21/11/2007. P6: COPY OF THE RELEVANT PORTION OF THE ORDER DTD. 5/08/2008 PASSED BY THE 4TH RESPONDENT. P7: COPY OF THE REVISION APPLICATION DTD. 19/08/2008 FILED BY THE PETITIONER BEFORE THE GOVERNMENT. P8: COPY OF THE PROCEEDINGS/ORDER DTD. 31/03/2009 PASSED BY THE FIRST RESPONDENT MANAGER. P9: COPY OF THE REVISION ORDER PASSED BY THE GOVERNMENT DTD. 28/04/2009. P10: COPY OF THE ORDER DTD. 5/05/2009 PASSED BY THE DIRECTOR OF PUBLIC INSTRUCTION. P11: COPY OF THE REQUEST SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT DTD. 2/05/2009. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.13842/2009-A ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 12th day of June, 2009 J U D G M E N T The short question that arises for consideration is whether the Government was right in directing to transfer the eighth respondent as Headmistress of the B.E.M.L.P School, Kozhikode, while rendering its decision on an issue regarding the grievances raised by the petitioner herein against rejection of her claim for appointment as Headmistress. 2. The necessary facts required for the disposal of the writ petition are the following:- The petitioner was a Lower Primary Assistant under the first respondent Manager and she was working in B.E.M.L.P School, Kozhikode. In the year 2006, she was given a promotion as Headmistress which was relinquished by her as per Ext.P1. The said relinquishment was accepted by the Assistant Educational Officer as a permanent one, as per Ext.P2. Therefore, the petitioner sought to withdraw the same and submitted Ext.P3 before the Manager, specifically praying that she may be considered for promotion when the next vacancy of Headmistress arises. The matter was again considered by the District Educational Officer, as per Ext.P4. The W.P.(C). No.13842/2009 -:2:- decision therein went against the petitioner herein. The petitioner thereafter filed Ext.P5 application before the Government challenging Ext.P4 order. 3. Meanwhile, the eighth respondent was promoted as Headmistress and was transferred to B.E.M.L.P School, Parappanangadi. A vacancy arose in the Malabar Christian College L.P.School, Kozhikode on 31/03/2008 and she requested for a posting there. In the said vacancy, the petitioner was appointed at that point of time. The ninth respondent was transferred to B.E.M.L.P School, Parappanangadi and the eighth respondent was transferred and posted to BE.M.L.P. School, Manjeri by the Manager. The eighth respondent filed representation before the authorities. The dispute therein was considered by the Addl.D.P.I at the instance of respondents 8 and 9 and pursuant to the directions issued by this Court in W.P.(C).No.14727/2008. Going by Ext.P6, the eighth respondent was ordered to be transferred and posted to B.E.M.L.P. School, Parappanangadi but the claim raised by the petitioner was not accepted. In the place of the petitioner, the ninth respondent was directed to be appointed. The petitioner challenged the said order in revision Ext.P7 before the Government. W.P.(C). No.13842/2009 -:3:- 4. The Government by Ext.P9 decided in favour of the writ petitioner in regard to the claim for promotion as Headmistress. It was ordered that her appointment of Headmistress could be approved on the petitioner submitting a letter for withdrawing the relinquishment but at the same time it was also ordered that the eighth respondent being a cancer patient, she will be given a posting as Headmistress at B.E.M.L.P. School, Kozhikode and the D.P.I was directed to issue necessary orders. Accordingly, Ext.P10, a consequential order was passed by the Director of Public Instructions. The eighth respondent is now directed to be transferred from B.E.M.L.P School, Parappanangadi to B.E.M.L.P. School, Kozhikode. 5. Heard the learned counsel appearing for the petitioner, the learned Government Pleader, the learned counsel appearing for the first respondent and the learned counsel appearing for the eighth respondent. 6. It is submitted by the learned counsel for the petitioner that as against Ext.P6, the eighth respondent had not filed any revision petition before the Government and therefore, it was not proper on the part of the Government to pass an order in favour of the eighth respondent for a posting in her choice school. It is further pointed out that transfer and posting is a matter which the Manager alone could do in accordance with W.P.(C). No.13842/2009 -:4:- Rules. Since the Government has passed an order in favour of the eighth respondent, the petitioner is left without any remedy in the matter. 7. The learned counsel for the eighth respondent submits that, as far the claim for promotion of the petitioner is concerned, actually she is not affected but being a cancer patient, she sought for a posting on medical and compassionate grounds before the D.P.I and therefore, considering her claim the Government passed the present order. The learned counsel for the Manager submitted that the eighth respondent is a cancer patient and she requires consideration on that basis for a convenient posting. 8. The transfer and posting of the respective parties have to be done by the Manager. The decision in that regard has to be taken by the Manager, at the first instance. In that view of the matter, it was not proper for the Government to issue a direction as now done in Ext.P9. Of course, as revealed from the pleadings, the eighth respondent being a cancer patient, requires sympathetic consideration at the hands of the Manager and it is upto the Manager to pass appropriate orders in the matter. To enable the Manager to do so, the orders Exts.P9 and P10 to the extent it directs the posting of the eighth respondent in B.E.M.L.P School, Kozhikode is set aside. The first respondent will pass appropriate orders after considering W.P.(C). No.13842/2009 -:5:- competing claims of the parties within a period of ten days from the date of receipt of the copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms