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High Court of KeralaWP(C)/7152/2009dismissed

P.K.Lalithammal v. The Corporate Manager

2015-06-09Honourable Dr. Justice A.K.Jayasankaran Nambiar3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR TUESDAY, THE 9TH DAY OF JUNE 2015/19TH JYAISHTA, 1937 WP(C).No. 7152 of 2009 (L) -------------------------------------- PETITIONER(S):

-------------------------- P.K.LALITHAMMAL L.G.SANSKRIT TEACHER, ST.MARY'S HIGH SCHOOL, VATTAL ALAPPUZHA.

BY ADV. SRI.V.P.SUKUMAR RESPONDENT(S):

----------------------------

1. THE CORPORATE MANAGER CORPORATE MANAGEMENT OF SCHOOLS, DIOCESE OF, ALLEPPEY ALAPPUZHA.

2. THE DEPUTY DIRECTOR OF EDUCATION ALAPPUZHA.

3. THE DIRECTOR OF PUBLIC INSTRUCTIONS THIRUVANANTHAPURAM.

4. THE SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM.

R4 BY ADV. GOVERNMENT PLEADER, SMT. RINNY STEPHEN CHAMAPARAMBIL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 7152 of 2009 (L) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1:

TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

EXHIBIT P2:

TRUE COPY OF THE APPEAL DATED 03.12.2002 SUBMITTED BY THE 1ST RESPONDENT BEFORE THE 3RD RESPONDENT.

EXHIBIT P3:

TRUE COPY OF THE ORDER DATED 27.02.2003 PASSED BY THE 2ND RESPONDENT.

EXHIBIT P4:

TRUE COPY OF THE NOTIFICATION No.SRO.438/82 DATED 30.03.1982. EXHIBIT P5:

TRUE COPY OF THE ORDER DATED 27.03.2003 PASSED BY THE JOINT DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM EXHIBIT P6:

TRUE COPY OF THE ORDER DATED 27.03.2003 PASSED BY THE JOINT DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. EXHIBIT P7:

TRUE COPY OF JUDGMENT DATED 08.11.2008 IN WP(C) No.18037 OF 2003.

EXHIBIT P8:

TRUE COPY OF THE LETTER DATED 09.02.2009 ISSUED BY THE 2ND RESPONDENT TO THE HEADMASTER SCMUPS CHETHICAD. EXHIBIT P9:

TRUE COPY OF GO(P) No.226/2003/G.Edn, DATED 14.08.2003. EXHIBIT P10: TRUE COPY OF THE REPRESENTATION DATED 24.02.2009 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

RESPONDENT(S)' EXHIBITS --------------------------------------- NIL // True copy // PA to Judge das

A.K.JAYASANKARAN NAMBIAR, J.

=========================================== W.P.(C). No. 7152 of 2009 ===================================================== Dated this the 9th day of June, 2015

JUDGMENT

The averments in the writ petition indicate that the petitioner had challenged an order of transfer, transferring her from Chethicad school to Payippad UP School. It was the case of the petitioner that she was due to retire from service on 31.03.2010 and there was no need to transfer her at that stage. It was under these circumstances that Ext.P8 order of transfer dated 09.02.2009 was impugned in the writ petition, which contained a prayer for a direction to the 2nd respondent to retain the petitioner in the parent school. I note that by an interim order dated 06.03.2009 this Court had permitted the petitioner to continue in SCM UP School, Chethicad until further orders. It is also seen that the petitioner has since retired from service on 31.03.2010, the date indicated in the writ petition. There is therefore ample indication that the writ petition has now become infructuous. Accordingly I dismiss the same as infructuous.

Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE das