IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 6TH NOVEMBER 2009 / 15TH KARTHIKA 1931 WP(C).No. 22969 of 2009(M) ------------------------------------- PETITIONER(S): ------------------------- N.SANTHAMMA, AGED 42 YEARS, W/O.C.H.SAJEEV KUMAR, L.P.S.A., LUTHERAN L.P. SCHOOL, ANTHIYOOR, RESIDING AT S.S.NIVAS, CHEMPAKANINNA, KANJIRAMKULAM P.O., THIRUVANANTHAPURAM. BY ADVS.MR.P.K.IBRAHIM SMT.K.P.AMBIKA MR.C.N.GOPAKUMAR SMT.ANI JOSEPH K.A. RESPONDENT(S): ------------------------- 1. THE MANAGER, CORPORATE MANAGEMENT OF LUTHERAN SCHOOLS, CONCODIA H.S.S.S. COMPOUND, TRIVANDRUM-5. 2. THE ASSISTANT EDUCATIONAL OFFICER, BALARAMAPURAM. 3. THE HEADMISTRESS, L.P.SCHOOL, ANTHIYOOR. 4. BINDUMOL P.S., D/O.A.PALAYAN NADAR, L.P.S.A., LUTHERAN HIGH SCHOOL, SOUTH ARYAD, ALAPPUZHA, RESIDING AT THEKKEPULIMOOD, KANJIRAMKULAM P.O., THIRUVANANTHAPURAM, PIN 695524. R1 BY ADV. MR.D.KISHORE R2 BY GOVT. PLEADER MR.V.T.K.MOHANAN R4 BY ADVS.MR.S.V.RAJAN, MR.R.SUDHISH, SMT.M.MANJU , SMT.V.P.GEETHA KUMARY, MR.A.N.PREMLAL, SMT.SHIBI. K.P. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.22969/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER NO.437/09 DTD. 10.8.09 ISSUED BY THE IST RESPONDENT. P2:- COPY OF THE DISABILITY CERTIFICATE NO.C1-3038/06/GHT DTD. 2.6.06 ISSUED BY THE GENERAL HOSPITAL, THIRUVANANTHAPURAM. P3:- COPY OF THE REPORT OF THE RENAL BIOPSY TAKEN FROM AMRITA INSTITUTE OF MEDICAL SCIENCE AND THE MEDICAL CHART OF DR. JACOB GEORGE, ASSOCIATE PROFESSOR IN THE DEPARTMENT OF NEPHROLOGY, TRIVANDRUM MEDICAL COLLEGE DTD. 11.5.09. P4:- COPY OF THE ORDER NO.392/09 DTD. 1.6.09 ISSUED BY THE IST RESPONDENT. P5:- COPY OF THE ORDER NO.A4/978/09/PAU/BPL DTD. 12.5.09 OF THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. P6:- COPY OF THE ORDER DT. 26.3.09 IN WPC. NO.32218/08 OF THIS HONOURABLE COURT. P7:- COPY OF THE ORDER DTD. 16.9.09 IN WPC. NO.15195/09 OF THIS HONOURABLE COURT. P8:- COPY OF THE ORDER NO.407/09 DTD. 8.6.09 ISSUED BY THE IST RESPONDENT. TRUE COPY P.A. TO JUDGE tss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.22969/2009-M ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 6th day of November, 2009 J U D G M E N T The writ petition is one challenging Ext.P1 order transferring the petitioner from Lutheran L.P.S Anthiyoor to Lutheran H.S. South Aryad. While admitting the writ petition, this Court granted an interim order dated 12/08/2009, directing respondents 1 to 3, to retain the petitioner as L.P.S.A in Lutheran L.P. School, Anthiyoor, pending further orders to be passed in the writ petition. 2. The respondents have filed a counter affidavit in the matter supporting the order of transfer. After the matter was heard on 26/10/2009, certain suggestions were made at the bar, whereby the grievances raised by the parties could be redressed. In terms of the same, the Manager has filed an affidavit along with I.A.No.13978/2009. It is averred in paragraph (2) of the affidavit accompanying the I.A that the petitioner will be retained as L.P.S.A in Lutheran L.P.S, Anthiyoor, Thiruvananthapuram itself for this academic year. One Shri S.B.Suresh, L.P.S.A, Lutheran L.P.S, Madathikonam, Thiruvananthapuram will be transferred to Lutheran H.S., South Aryad and the fourth respondent Smt.Bindumol will be given a posting at Lutheran L.P.S., Madathikonam, W.P.(C). No.22969/2009 -:2:- Thiruvananthapuram in the vacancy so created. The said suggestion, is agreeable to the respective parties. 3. In the light of the above, the Manager is directed to pass a fresh order in modification of Ext.P1 and as undertaken in paragraph (2) of the affidavit filed in support of I.A.No.13978/2009. Hence, this Court is not going into the merits of the matter and the legal contentions raised by the parties. Appropriate orders will be passed by the first respondent within a period of three weeks from the date of receipt of a copy of this Judgment. Therefore, the interim order passed by this Court on 12/08/2009 will continue till fresh orders are passed. 4. The fourth respondent has got a case that she had not been paid salary from the month of August till date. The petitioner was paid salary in terms of the order in I.A.No.10867/2009 dated 26/08/2009. The second respondent herein will take up the matter with the Assistant Educational Officer, Alappuzha and appropriate action will be taken to see that the arrears of salary in respect of the fourth respondent will be disbursed within a period of one month. The fourth respondent will accordingly join at Lutheran L.P.S., South Aryad, to enable her to draw salary W.P.(C). No.22969/2009 -:3:- which will be subject to further orders to be passed by the Manager as indicated in paragraph (2) of the affidavit accompanying I.A.No.13978/2009. The contentions of the parties are left open. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms