E SUJATHA Vs. DIRECTOR OF PUBLIC INSTRUCTIONS

JUDGEMENT

(1.) Both these Writ Petitions are filed by Headmistresses of L.P schools under the Corporate Educational Agency of CSI Kollam-Kottarakkara Diocese-the 4th respondent, challenging the orders produced as Ext.P3, by which they were promoted from the post of LPSAs while they were working as LPSAs in the Thiruvananthapuram District and given posting in Schools at Vilangara and Chenkulam respectively in the revenue district Kollam under the 4th respondent, to the extent they were transferred to schools under the 4th respondent. They have also sought for directions to the respondents to give them transfer and posting as Headmistresses in the vacancies available under the 5th respondent and for a declaration that they are entitled to a transfer and posting as Headmistresses in one of the schools under the corporate management of the 5th respondent.

(2.) The petitioners in these cases were working as LP School Teachers in Schools under the Corporate Educational Agency of CSI South Kerala Diocese, Thiruvananthapuram. According to the petitioners, the corporate educational agency CSI South Kerala Diocese was bifurcated into Corporate Educational Agency managed by CSI Kollam-Kottarakkara Diocese and by the Corporate Manager of LMS Schools, CSI South Kerala Diocese, Thiruvananthapuram. On bifurcation 21 L.P schools and 3 Special Schools were brought under the administration and management of the Corporate Manager of CSI KollamKottarakkara Diocese and the remaining schools which were in the revenue District Thiruvananthapuram were brought under the management of the Corporate Manager of LMS Schools, CSI South Kerala Diocese, Thiruvananthapuram. It is stated that the Bishop of CSI Kollam-Kottarakkara Diocese took charge on 10.09.2017 and he submitted Ext.P1 letter on 12.04.2018 before the 2nd respondent along with the bye-laws framed for administration of the Schools under the 4th respondent requesting for its approval, under Rule 5A of Chapter III of Kerala Education Rules, (KER) 1958, furnishing the list of 21 L.P schools and 3 special schools, which were brought under it. The DPI thereafter approved the bye-laws as per Ext.P2 order on 16.08.2018.

(3.) In the meanwhile, Smt.Sreeja, the petitioner in W.P(c).No.8424 of 2019 was granted promotion as Headmistress and posted at LMS L.P.S, Vilangara, as per Ext.P3 order dated 27.03.2018, while she was working as LPSA in LMS L.P.S, Anchumaramkala. Smt. Sujatha-the petitioner in W.P(c).No.8141/2019, was granted promotion as Headmistress as per Ext.P3 order issued on 28.5.2018 and she was posted in their School at Chenkulam, while she was working as LPSA in LMS LPS, Maypuram, against a vacancy which arose on transfer. The contention of the petitioners is that they should not have been transferred after a decision was taken for bifurcation to a school in another revenue district which came under the 4 th respondent. According to the petitioners, on account of their postings in Schools which are 150 and 300 kms far away, have put them to severe hardship. Pointing out the hardship caused to the petitioners, they stated that they are entitled to be transferred to one of 5 vacancies of Headmistresses which were arising on 31.03.2019, under the 5th respondent in the revenue district Thiruvananthapuram. They have also pointed out that Ext.P1 bye-laws provide for transfer of those teachers transferred away from home districts to the parent district. The petitioners filed these Writ Petitions pointing out that they are entitled to get transfer to vacancies occurring in the schools coming under the Corporate Educational Agency, CSI South Kerala Diocese pointing out the hardship caused to them on account of posting in far away places.