The Kerala High Court adjudicated a writ petition challenging a transfer order of a L.G. Sanskrit Teacher. The petitioner had retired the next day after the impugned order. The Court held the petition infructuous and dismissed it.
The writ petition was dismissed as infructuous.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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
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
1 issue framed by the court
Whether the writ petition challenging an order of transfer of a teacher becomes infructuous after retirement.
P.K.Lalithamma
The Corporate Manager Corporate Management of Schools
The Deputy Director of Education Alappuzha
The Director of Public Instructions Thiruvananthapuram
The Secretary to Government General Education Department
A.K.Jayasankaran Nambiar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
