High Court Kerala High Court

Corporate Manager Of C.M.S … vs The Assistant Educational … on 7 April, 2009

Kerala High Court
Corporate Manager Of C.M.S … vs The Assistant Educational … on 7 April, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 11665 of 2009(C)


1. CORPORATE MANAGER OF C.M.S SCHOOLS
                      ...  Petitioner

                        Vs



1. THE ASSISTANT EDUCATIONAL OFFICER
                       ...       Respondent

2. THE DISTRICT EDUCATIONAL OFFICER

3. THE DIRECTOR OF PUBLIC INSTRUCTION

4. STATE OF KERALA

5. LEENA K.OOMMEN

                For Petitioner  :SRI.BABU VARGHESE

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :07/04/2009

 O R D E R
                            P.N.RAVINDRAN, J.
                       -------------------------------------
                        W.P.(C).No.11665 of 2009
                       --------------------------------------
                            Dated 7th April, 2009

                                 JUDGMENT

Heard Sri.Babu Varghese, the learned counsel appearing for

the petitioner and Sri.A.J.Varghese, the learned Government Pleader

appearing for respondents 1 to 4. In the nature of the order that I

propose to pass, it is not necessary to issue notice to or hear the fifth

respondent.

2. The fifth respondent is a teacher working in

C.M.S.L.P.School, Kappil managed by the petitioner. She was formerly

working in C.M.S. L.P. School, Kayippuram. With effect from 4.6.2007

she was transferred to C.M.S.L.P. School, Kappil. That appointment was

not approved by the District Educational Officer. Aggrieved thereby the

petitioner filed a revision petition before the Director of Public

Instruction. By Ext.P6 order passed on 18.12.2008, the Additional

Director of Public Instruction directed the Assistant Educational Officer,

Kayamkulam to approve the transfer appointment of the fifth respondent

as LPSA in C.M.S. L.P.School, Kappil subject to the condition that the

resultant vacancy should be filled up by a protected hand. The Director

of Public Instruction thereupon sent Ext.P7 letter dated 28.2.2009 to the

Assistant Educational Officer, Kayamkulam directing him to approve the

WP(C).No.11665/2009 2

fifth respondent’s transfer appointment and also to take steps to fill up

the resultant vacancy that had arisen in C.M.S. L.P.School, Kayippuram

by appointing a protected hand. The Manager was also directed to

appoint a protected teacher in the resultant vacancy wherever the

vacancy arises under this management due to re-arrangement of

transfer vacancies. The petitioner has aggrieved by the stipulations in

Ext.P7 filed Ext.P10 revision petition before the Government. In this

writ petition, the petitioner challenges Ext.P7 and in the alternative

prays for a direction to the Government to consider Ext.P10 revision

petition and pass orders thereon after affording the petitioner a

reasonable opportunity of being heard.

3. The learned counsel appearing for the petitioner submits

that the Director of Public Instruction could not have directed the

management to fill up transfer vacancies by accommodating protected

hands. In my opinion, the question whether the direction issued by

Director of Public Instruction in Ext.P7 is sustainable or not is primarily

a matter to be decided by the Government in the first instance. The

petitioner has filed Ext.P10 revision petition before the Government

canvassing the correctness of the directions issued by the Director of

Public Instruction in Ext.P7. I am therefore of the opinion that the

petitioner should pursue the said remedy before seeking the

intervention of this Court.

WP(C).No.11665/2009 3

I accordingly dispose of this writ petition with a direction to

the Secretary to Government, General Education Department to

consider Ext.P10 and pass orders thereon after affording the petitioner

and the fifth respondent a reasonable opportunity of being heard.

Final orders in the matter shall be passed within a period of three

months from the date on which the petitioner produces a certified copy

of this judgment. Till final orders are passed as directed above, status

quo as on today shall be maintained.

P.N.RAVINDRAN
Judge

TKS