IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 12TH OCTOBER 2009 / 20TH ASWINA 1931 WP(C).No. 36427 of 2007(J) ------------------------------------- PETITIONER(S): ------------------------ GANGA.V., LP/UP ASSISTANT, PANCHAYATH UPS, ATTINPURAM, PANAVOOR PANCHAYATH, THIRUVANANTHAPURAM. BY ADVS.MR.MANOJ RAMASWAMY RESPONDENT(S): -------------------------- 1. THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, EDUCATION DIRECTORATE, THIRUVANANTHAPURAM. 3. THE SECRETARY, PANAVOOR GRAMA PANCHAYATH, PANAVOOR P.O., THIRUVANANTHAPURAM. 4. THE SECRETARY, PUNALUR MUNICIPALITY, PUNALUR. 5. THE ASSISTANT EDUCATIONAL OFFICER, PUNALUR, KOLLAM DISTRICT. 6. BAIJU JOHN, LPSA, MUNICIPAL LP SCHOOL, KELANKAVU, MANIYAR P.O., PUNALUR. 7. K.R.JYOTHI MINI, LPSA, MUNICIPAL L.P.SCHOOL, KELANKAVU, MANIYAR P.O., PUNALUR.(DELETED) *R7 DELETED AS PER ORDER DTD. 31.7.08 IN IA. 9473/2008. R1 & R2 BY SR. GOVT. PLEADER MR.MOHAMOOD T.T R3 BY ADV.MR.K.L.NARASIMHAN R4 BY ADV.MR.B.KRISHNA MANI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C) NO.36427/2007 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER NO.A1.305/04 DTD. 22.11.04 ISSUED BY THE 3RD RESPONDENT. P2:- COPY OF THE ORDER NO.A1.170/03 DTD. 3.8.06 ISSUED BY THE 3RD RESPONDENT. P3:- COPY OF THE REPRESENTATION DTD. 18.7.05 ADDRESSED TO THE IST RESPONDENT. P4:- COPY OF THE DECLARATION ISSUED BY THE 3RD RESPONDENT DTD. 13.7.05. P5:- COPY OF THE DECISION DTD. 11.4.05 ISSUED BY THE 4TH RESPONDENT. P6:- COPY OF THE ORDER NO.41836/H1/05/G.EDN. DTD. 29.9.06 ISSUED BY THE IST RESPONDENT. P7:- COPY OF THE ORDER G.O.(RT) NO.3186/05.EDN. DTD. 27.6.05 ISSUED BY THE IST RESPONDENT. P8:- COPY OF THE REPRESENTATION DTD. 16.1.07 SUBMITTED BEFORE THE IST RESPONDENT. P9:- COPY OF THE JUDGMENT DTD. 7.6.07 IN WPC. 9807/07 OF THIS HONOURABLE COURT. P10:- COPY OF THE ORDER G.O.(RT) 4587/07/EDN. DTD. 5.10. 07. P11:- COPY OF THE LETTER NO.C.5338/05 DTD. 21.12.05 ISSUED BY THE 5TH RESPONDENT. TRUE COPY P.A. TO JUDGE tss T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.36427 OF 2007 --------------------------------------- Dated this the 12th day of October, 2009. J U D G M E N T The petitioner had been working as LPSA in the Panchayath UPS, Attinpuram, Panavoor panchayath under the management of the 3rd respondent. She was appointed therein through Public Service Commission. The petitioner is a native of Punalur in Kollam District. 2. The petitioner sought for an inter-management transfer to the school under the management of the 4th respondent as it is very near to her residential place. It is pointed out that since the 3rd and 4th respondents are units of Local Self Government Departments, inter-management transfers of teachers are permissible. The request of the petitioner was rejected as per Exhibit P6. The apparent reason stated therein is that there is no provision to have an inter-management transfer in view of certain decisions of this Court. Thereafter, the petitioner sought for a reconsideration of the matter. W.P.(C) No.36427/2007 2 3. The petitioner approached this Court by filing W.P.(C) No.9807/2007 wherein this Court directed the competent authority to consider the representation. Since there was failure to do the same, Contempt of Court Case No.1464/2007 was also filed and ultimately, the 1st respondent passed Exhibit P10 order rejecting the claim. The stand taken by the 1st respondent at that point of time is that the two vacancies in Kelankavu LPS were already filled by two protected teachers of two different private managements from different educational districts and therefore, the request of the petitioner cannot be acceded to. Therefore, the legal issue that is raised by the petitioner is whether the superior right of the petitioner could be opposed by projecting the rights of two protected teachers. Presently, the petitioner has obtained the relief by getting a posting in the school under the 4th respondent-Municipality. In that view of the matter, it is not necessary to adjudicate the legal issue that is raised by the petitioner herein. The same is left open. In the light of the fact that the petitioner has already been transferred pursuant to the request made by the W.P.(C) No.36427/2007 3 petitioner, no further orders are called for in this writ petition. The same is closed. T.R. RAMACHANDRAN NAIR JUDGE smp