High Court Kerala High Court

Lila M.Itty vs The State Of Kerala on 25 January, 2010

Kerala High Court
Lila M.Itty vs The State Of Kerala on 25 January, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 1624 of 2010(C)


1. LILA M.ITTY, W/O.K.GEORGE JOSEPH,
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA,
                       ...       Respondent

2. THE DEPUTY DIRECTOR OF EDUCATION,

3. THE DISTRICT EDUCATIONAL OFFICER,

4. THE CORPORATE MANAGER,

5. GIREEASH V.K., S/O.RAJAN,

6. SHEENA SHERIN SUKUMAR,

                For Petitioner  :SRI.VINOD SINGH CHERIYAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :25/01/2010

 O R D E R
                             S. Siri Jagan, J.
              =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-=
                      W.P(C) No. 1624 of 2010
              =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=
             Dated this, the 25th day of January, 2010.

                            J U D G M E N T

The petitioner challenges Ext. P11 order passed by the District

Educational Officer, whereby the petitioner has been directed to

restore the position of certain teachers who have been transferred to

various schools, as on 27-5-2009 in accordance with Ext. P10 order of

the Deputy Director of Education, Kozhikode. It is also stated in Ext.

P11 that the petitioner would be liable for salary and other benefits

due to the teachers consequent to the non-compliance with the first

direction. The petitioner’s contention is that at the relevant time, the

petitioner was not the Headmistress of the school and therefore she

is not bound to comply with the directions. Notwithstanding the fact

that the petitioner was not the Headmistress at the relevant time,

since the transfers have been cancelled and it has been directed that

the position of the teachers be restored as on 27-5-2009, the

petitioner being the present Headmistress, it is her duty to pass

appropriate consequential orders although she may not be liable for

what happened prior to her taking charges as Headmistress in the

school. As such, the petitioner’s challenge against Ext. P11 is without

any merit.

Accordingly, the writ petition is dismissed.

Sd/- S. Siri Jagan, Judge.

Tds/

[TRUE COPY]

P.S TO JUDGE.