ALEYAMMA VARGHESE Vs. STATE OF KERALA

JUDGEMENT

(1.) DOES a former teacher in a staff managed school retain any manner of right, either in management or in ownership of the school, after her retirement from service?

(2.) THE above question has cropped up in this Writ Petition, which is at the instance of a teacher who retired from service about 2 decades back. She challenges Ext. P10 order issued by the Government granting permission for transfer of management of a Lower Primary School in favour of respondent No. 6, subject to the conditions laid down in R. 5a and 5a (3) of Chapter III Kerala Education Rules.

(3.) PETITIONER had admittedly contributed a sum of Rs. 400/- as her share. Referring to the clauses contained in Ext. P1 it is admitted by the petitioner that the amount contributed by a member of the staff is liable to be returned to him/her when he/she retires or resigns from the service or it can be transferred to the teacher who joins the school in the resultant vacancy. It is the case of the petitioner that the sum of Rs. 400/- paid by her had not been refunded to her, nor had she transferred her share to anyone else. Thus she is still retaining her share in the management and property of the school. It is in this context that it is contended by the petitioner that any request for transfer of management could have been allowed only if she had also given her consent.