T. VIJI WILLIAMS Vs. STATE OF KERALA

JUDGEMENT

(1.) Non -implementation of the orders passed by the Departmental Authorities as to the transfer of the petitioner in W.P.(C) No.13615/2009 to the S.C.U.P.School, Chalissery owned by the sixth respondent and the lapse on the part of the 6th respondent in producing the relevant materials before the concerned authorities for pursuing further steps is the subject matter of challenge before this Court.

(2.) The case of the petitioner in W.P.(C)No.13615/2009 is that, inspite of being included in the 'Teachers Package' enabling her to have salary with effect from the date specified, she is virtually denied of the said benefit because of the attitude taken by the 6th respondent and seeks for interference of this Court. The writ petition was filed in the year 2009 seeking for appropriate relief against the Manager of the school by giving a direction to comply with Ext.P5 order passed by the second respondent. The petitioner was infact working as L.P.S.A. in the 6th respondent school from 1.6.2007 and the said appointment was approved by the fourth respondent as well. She came to be transferred to another school belonging to the 6th respondent with effect from 16.07.2007 i.e. S.C.U.P.School, Chalissery, but was made to continue without pay for want of approval. Inspite of issuing necessary direction by the concerned AEO, the Manager did not pay any heed to the same, to produce the relevant materials, which made the petitioner to take up the matter before the second respondent.

(3.) It is relevant to note that the petitioner in W.P.(C) NO.24838/2009 came to be appointed in the vacancy resulted because of shifting of the petitioner in the other case to the school at Chalissery. Pursuant to the interim order passed by this Court on 10/04/2012 in I.A.No.5353/2012 in W.P.(C)No.24838/2009, the matter was caused to be considered by the Government, who passed an order dated 13.09.2012, a copy of which has been produced as Ext.P12 along with I.A.No.15851/2012 in W.P.(C)No.13615/2009, the operative portion of which reads as follows : " In the circumstance Government hereby W.P.(C)Nos.13615 and 24838 of 2009 3 directs the Manager is directed to issue necessary transfer order to Smt.Viji Williams with effect from 16.07.2007 in SCUPS, Chalissery and to approach the Assistant Educational Officer for the approval of appointment of Smt.Megana with effect from 16.07.2007 in the transfer vacancy of Smt.Viji Williams. The Director of Public Instruction is directed to examine the scope for approving the appointment of Smt.Viji Williams from 15.07.09 to 14.07.2010 on 1:40 ratio and also to include Smt.Megana and Smt.Viji Willians in the Teachers' Package." Even though the 6th respondent, Manager of the school has issued Ext.P13 proceedings dated 8.10.2012 pursuant to Ext.P12 order passed by the Government, the proceedings are still to be finalised, which appears to be the grievance of the petitioners.