IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 1ST AUGUST 2011 / 10TH SRAVANA 1933 WP(C).No. 15119 of 2011(L) -------------------------- PETITIONER(S): --------------------- ANIL KUMAR.D.R., AGED 41 YEARS, S/O.P.DEVASAHAYAM, LG (HINDI), LUTHERAN U.P. SCHOOL, PONVILA, AYIRA P.O., RESIDING AT RATNA BHAVAN, VELLARADA, PANACHAMOOD P.O., THIRUVANANTHPURAM. BY ADVS. SRI.P.K.IBRAHIM SMT.K.P.AMBIKA SRI.UDAYAKUMAR SREEDHARAN RESPONDENT(S): ----------------------- 1. THE MANAGER, CORPORATE MANAGEMENT OF LUTHERAN SCHOOLS, C.L.H.S. COMPOUND, PEROORKADA, THIRUVANANTHAPURAM, PIN-695 005. 2. THE ASSISTANT EDUCATIONAL OFFICER, NEYYATTINKARA 695121. 3. THE HEADMISTRESS, LUTHERAN U.P.SCHOOL, PONVILA 695 121. 4. BEENA MOL.P.J., L.G.(HINDI), L.M.U.P.SCHOOL, NILAMEL 695 535.. 5. JALLY G., PROTECTED TEACHER, H.S.A.(HINDI), CONCORDIA LUTHERAN HIGHS SCHOOL, PEROORKADA 695 005. 6. THE DIRECTOR OF PUBLC INSTRUCTIONS, THIRUVANANTHAPURAM 695 001. R1 BY SRI.C.P.PEETHAMBARAN R2, R3 BY GOVERNMENT PLEADER SRI.V.VIJULAL R4 BYADV. SRI.C.A.CHACKO THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/08/2011, ALONG WITH WPC. NO. 15135 OF 2011, WPC. NO. 19495 OF 2011 & RP. 570/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). Nos.15119/2011-L, 15135/2011-N, 19495/2011-J & Review Petition No.570/2011 in W.P.(C).No.15120/2011-L ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 1st day of August, 2011 J U D G M E N T The petitioners in W.P.(C).Nos.15119/2011 and 15135/2011 are aggrieved by the orders of transfer issued by the Management. The Management is before this Court in W.P.(C).No.19495/2011 challenging the order passed by the Government interfering with the order passed by the Management. R.P.No.570/2011 is filed by the petitioner in W.P.(C).No.15120/2011 which was filed challenging the order of transfer and the writ petition was disposed of in the light of the order passed by the Government which is impugned in W.P.(C). No.19495/2011 filed by the Manager. 2. The learned counsel appearing for the petitioners in W.P.(C). Nos.15119/2011 and 15135/2011 Shri P.K.Ibrahim submitted that during the pendency of the writ petitions, as directed by this Court, appeals have been filed before the Director of Public W.P.(C). Nos.15119/2011-L, 15135/2011-N, 19495/2011-J & R.P. No.570/2011 -:2:- Instruction and the appeals have been allowed in their favour and, therefore, the writ petitions may be dismissed as infructuous. Accordingly, W.P.(C). Nos.15119/2011 and 15135/2011 are dismissed as infructuous. 3. Review Petition No.570/2011 in W.P.(C). No.15120/2011: W.P.(C).No.15120/2011 was disposed of recording the submission made by the learned counsel for the petitioner that the Government has passed an order interfering with the order of transfer. Therein also, it is submitted that the Director of Public Instruction has allowed the appeal in favour of the petitioner herein. R.P.No.570/2011 is dismissed as infructuous. 4. In W.P.(C). No.19495/2011, the Management is challenging the order passed by the Government which is produced as Ext.P6. The said order is passed without hearing any of the parties including the Manager and the affected teacher. Obviously, the Government has not noticed the pendency of the writ petitions and the W.P.(C). Nos.15119/2011-L, 15135/2011-N, 19495/2011-J & R.P. No.570/2011 -:3:- interim orders passed by this Court as well as the orders passed by the Director of Public Instruction. It is also informed by the learned counsel for the teachers that the Director of Public Instruction has passed separate orders allowing their appeals. Apart from that, since Ext.P6 order produced in W.P.(C). No.19495/2011 is issued without hearing the parties, the same is quashed. W.P.(C). No.19495/2011 is allowed to that extent. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms