Lini Lawrence v. State of Kerala & Others; Corporate Manager of Lutheran Schools v. State of Kerala & Others

``` IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V TUESDAY, THE 2 [ ND ] DAY OF AUGUST 2022 / 11TH SRAVANA, 1944 ``` ## **`WP(C) NO. 10572 OF 2022`** ## **`PETITIONER/S:`** ``` LINI LAWRENCE AGED 52 YEARS LOWER PRIMARY SCHOOL TEACHER (LPST), L.M. L.P. S, ARIVARIKUZHY, THIRUVANANTHAPURAM DISTRICT, PIN 695608. ``` ``` BY ADVS. S.P.ARAVINDAKSHAN PILLAY N.SANTHA S.P.BALAKRISHNA PILLAY V.VARGHESE PETER JOSE CHRISTO S.A.ANAND K.N.REMYA L.ANNAPOORNA VISHNU V.K. ABHIRAMI K. UDAY KURUVILLA SABU CHRISTY LAKSHMI JAYAKUMAR ``` ## **`RESPONDENT/S:`** ``` 1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001. 2 DIRECTOR OF GENERAL EDUCATION, DIRECTORATE OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM, PIN-695014. ``` W.P.(C) Nos.10399 & 10572 of 2022 2 ``` 3 DEPUTY DIRECTOR OF EDUCATION THIRUVANANTHAPURAM, PIN-695001. ``` - `4 MANAGER CORPORATE MANAGEMENT OF LUTHERAN SCHOOLS, CL HSS COMPOUND, PEROORKADA, THIRUVANANTHAPURAM DISTRICT, PIN-695005.` - `5 REV.M.MOHANAN MANAGER, CORPORATE MANAGEMENT OF LUTHERAN SCHOOLS, CL HSS COMPOUND, PEROORKADA, THIRUVANANTHAPURAM DISTRICT, PIN-695005.` ``` BY SRI.JONY JOSEPH, SR.GP ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.08.2022, ALONG WITH WP(C).10399/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` W.P.(C) Nos.10399 & 10572 of 2022 3 ``` IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT ``` ``` THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V TUESDAY, THE 2 [ ND ] DAY OF AUGUST 2022 / 11TH SRAVANA, 1944 ``` ``` WP(C) NO. 10399 OF 2022 ``` ## **`PETITIONER/S:`** ``` 1 CORPORATE MANAGER OF LUTHERAN SCHOOLS TRIVANDRUM SYNOD - INDIA EVANGELICAL LUTHERAN CHURCH (IELC), C.L.H.S.S.COMPOUND, PEROORAKDA P.O., THIRUVANANTHAPURAM DISTRICT - 695 005, REPRESENTED BY ITS MANAGER. 2 REV.M.MOHANAN CORPORATE MANAGER, CORPORATE MANAGEMENT OF LUTHERAN SCHOOLS, TRIVANDRUM SYNOD - INDIA EVANGELICAL LUTHERAN CHURCH (IELC), C.L.H.S.S.COMPOUND, PEROORKADA P.O., THIRUVANANTHAPURAM DISTRICT - 695 005. BY ADVS. LIJU.V.STEPHEN INDU SUSAN JACOB ``` ## **`RESPONDENT/S:`** ``` 1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2 THE DIRECTOR OF GENERAL EDUCATION GENERAL EDUCATION DEPARTMENT, JAGATHI, THIRUVANANTHAPURAM DISTRICT - 695 014. 3 NIDIYA S.S. MARUTHUMMOOTTUVILA VEEDU, MOONGOTTUKONAM, KATTAKADA, THIRUVANANTHAPURAM DISTRICT, ``` W.P.(C) Nos.10399 & 10572 of 2022 4 ``` PIN - 695 572, WORKING AT L.P.SCHOOL ASSISTANT, LMLP SCHOOL, ANTHIYOOR, BALARAMAPURAM. ``` ``` 4 LINI LAWRANCE MINI NIVAS, VAZHUTHOOR, NEYYATTINKARA P.O., THIRUVANANTHAPURAM - 695 121, WORKING AS LPSA, LMLP SCHOOL, ARIVARIKUZHI, KATTUMPURAM P.O., KALLARA - 695 608. BY ADVS. K.P.SATHEESAN (SR.) S.P.ARAVINDAKSHAN PILLAY N.SANTHA V.VARGHESE PETER JOSE CHRISTO S.A.ANAND K.N.REMYA L.ANNAPOORNA VISHNU V.K. ABHIRAMI K. UDAY P.MOHANDAS (ERNAKULAM) K.SUDHINKUMAR S.K.ADHITHYAN SABU PULLAN GOKUL D. SUDHAKARAN BY SRI.JONY JOSEPH, SR.GP ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.08.2022, ALONG WITH WP(C).10572/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` W.P.(C) Nos.10399 & 10572 of 2022 5 ## **JUDGMENT** W.P.(C) No.10572 of 2022 is filed by a certain Lini Lawrence, seeking implementation of Ext.P1 and for a further declaration that the respondents 4 and 5 are liable to be proceeded against as per Rule 7, Chapter III KER for their failure to implement Ext.P1 within a time frame. 2. W.P.(C) No.10399 of 2022 is filed by the Corporate Management of Lutheran Schools and its Corporate Manager challenging the very said order. 3. As common issues are involved, both these writ petitions are taken up and are disposed of by a common order. For the purpose of clarity and ease, parties and Exhibits shall be as described in W.P.(C) No.10572 of 2022. 4. Brief facts are as under: Smt. Lini Lawrence contends that she entered service as LPST in the school run by the Corporate Management of Lutheran schools with effect from 13.07.1993. Though she was initially posted in Thiruvananthapuram district, she was later transferred to LM LPS, Muhamma and thereafter at LHSS, South Aryad, both in Alappuzha District. According to the petitioner, W.P.(C) Nos.10399 & 10572 of 2022 6 she is one of the most senior LPSTs working under the 4th respondent. she is one of the most senior LPSTs working under the 4th respondent. 5. Being aggrieved by the fact that she was transferred out of Thiruvananthapuram while retaining her juniors in the same district, she submitted a complaint before the Director of General Education (DGE). Directions were issued by the said authority to the management to give a posting to the petitioner at Thiruvananthapuram. However, when the said direction was not complied with, the petitioner approached this Court and filed W.P.(C) No.15269 of 2019 and pursuant to directions issued by this Court, the management transferred the petitioner to LM LPS, Arivarikuzhy, a school which is situated about 100km away from her residential home. 6. Being aggrieved, she filed a representation before the 2nd respondent and again approached this Court by filing W.P.(C) No.11481 of 2020. This Court, by Ext.P3 judgment, directed the 2nd respondent to consider the request made by the petitioner. The petitioner contends that, in the representation filed by her, she made specific reference to the vacancy which arose in LM LPS, Anthiyoor, when Smt.N.Santhamma, a teacher of the said school, was promoted as Headmistress of Luthergiri UPS, Aryanad with effect from 01.06.2019. In order to deny the petitioner a posting in the said school, the management appointed a fresh hand, Smt. W.P.(C) Nos.10399 & 10572 of 2022 7 Nidiya, in the said school. 7. In the said circumstances, the petitioner submitted a representation before the 1st respondent seeking issuance of directions to the management to post the petitioner at LM LPS, Anthiyoor. The representation submitted by the petitioner was considered along with the application filed by the manager for approval of Smt.N.Santhamma as Headmistress and issued Ext.P1 order as per which the petitioner was ordered to be transferred to Anthiyoor LM LPS within a period of one week failing which the 3rd respondent was directed to initiate action against the manager under Chapter III of the KER. 8. In spite of the issuance of Ext.P1 order, the manager refused to take any action. This led the petitioner to prefer Ext.P5 representation before respondents 4 and 5 and Ext.P6 representation before the 3rd respondent. According to the petitioner, no action was taken either by the educational authorities or by the manager to implement Ext.P1 order. It is in the afore circumstances that the writ petition is filed seeking the following reliefs: i) declare that the petitioner is entitled to be transferred and posted at LM LPS, Anthiyoor forthwith in compliance of Ext.P1 and that the 4th and 5th respondents are liable to be proceeded against as per Rule 7, Chapter III KER for his failure to implement Ext.P1 W.P.(C) Nos.10399 & 10572 of 2022 8 within the time frame fixed therein ii) issue a writ of mandamus or any other appropriate writ, order or direction commanding respondents 1 to 3 to ensure that the petitioner is transferred and posted at LM LPS Anthiyoor, forthwith. iii) issue a writ of mandamus or any other appropriate writ, order or direction commanding the 3rd respondent to proceed against respondents 4 and 5 under Rule 7, Chapter III KER forthwith. iv) issue a writ of mandamus or any other appropriate writ, order or direction commanding respondents 4 and 5 to transfer and post the petitioner at LM LPS, Anthiyoor, forthwith. 9. In W.P.(C) No.10399 of 2022, filed by the Corporate Manager, it is contended that Lini Lawrence, while working as LPSA at Alappuzha, sought transfer from the said school to a school in Thiruvananthapuram District. It was in pursuance to the said request that she was transferred to Lutheran LPS, Arivarikuzhy by order dated 05.06.2019. Despite the grant of transfer at her request, Smt.Lini Lawrence again approached the 2nd respondent and requested for transfer to a school near to her residence. It is contended that pursuant to orders passed by this Court, respondents 1 and 2, without affording an opportunity to the Corporate Manager, issued orders directing the management to transfer Nidiya to any other school and transfer Smt.Lini Lawrence in the Lutheran LPS, Anthiyoor. It is contended that the management, on receipt of the order, informed the 1st respondent W.P.(C) Nos.10399 & 10572 of 2022 9 that in terms of the directions issued by this Court in Ext.P2 judgment, all prior appointments and transfers are to be countersigned by the Administrator and requested the 1st respondent to desist from any action to implement the said order. A request was also made to grant time till 31.03.2022 as a vacancy was likely to arise in the Luthergiri UPS, Aryanad where Lini Lawrence could be appointed. According to the manager, despite the submission of Ext.P7 representation seeking time, the 1st respondent is initiating hasty action. It is in the afore circumstances that the writ petition is filed seeking to quash Ext.P6 order and for issuance of further directions to the respondents 1 and 2 to consider Ext.P7 and to take appropriate action. 10. I have heard Sri. Peter Jose Christo, the learned counsel appearing for the petitioner in W.P.(C) No.10572 of 2022, Sri.Liju V Stephen, the learned counsel appearing for the petitioners in W.P.(C) No.10399 of 2022, Sri.KP Satheesan, the learned Senior counsel representing Smt.Nidiya, the 3rd respondent in W.P.(C) No.10399 of 2022 and the learned Government Pleader. 11. I have anxiously considered the submissions and have perused the entire records. W.P.(C) Nos.10399 & 10572 of 2022 12. There is no dispute with regard to the fact that Smt.Lini Lawrence is one of the senior-most teachers in the schools run by Corporate Management. She was initially posted at Thiruvananthapuram, where her residential home is situated. Later, she was transferred to various schools situated in Alappuzha District. It was after moving to this Court that Lini Lawrence was finally transferred to LM LPS, Arivarikuzhi, which school is situated about 100km away from her residence. It appears that based on the representation submitted by the petitioner requesting transfer to LM LPS, Anthiyoor, in the promotion vacancy which arose, G.O.(Rt) No.1554/2022/G.Edn dated 11.03.2022 was issued ordering the manager to post the petitioner at LM LPS, Anthiyoor, within a period of one week. 13. In the writ petition filed by the Manager, all that is stated is that the transfer of an employee is one of the exigencies in service, and the employee is bound to comply with the same. It is also stated that the management is prevented from taking any action in view of the fact that the Administrator appointed by the Madras High Court is required to countersign the order of transfer. I find from the submission of the learned Senior counsel appearing for Smt.Nidiya that she has been working without salary for the past several years. Instead of granting transfer appointment to W.P.(C) Nos.10399 & 10572 of 2022 11 Smt.Lini Lawrence, who is the senior-most teacher, the management has appointed a fresh hand in the promotion vacancy which arose due to the promotion of N.Santhamma as Headmistress. All that the manager had to do was appoint Smt.Lini Lawrence at LM LPS, Anthiyoor and Smt.Nidiya in any of the nearby schools under the management. Furthermore, in Ext.P7 representation filed in W.P.(C) No.10399 of 2022, the only request made by the management is for time till 31.03.2022 to comply with the directions issued by the Government. The said period has expired long back. As rightly submitted by Sri.Peter Jose Christo, the Manager is bound to respect the seniority of teachers in the matter of transfer and postings as provided under Chapter XIV A Rule 10 of the KER. If the action of the manager is clearly against the statutory provisions, the Government is well within its right to interfere. In that view of the matter, the contention forcefully advanced by Sri.Liju V Stephen relying on **Rajendra Singh and Others v. State of UP and Others** (2009 KHC 6127) that transfer is an exigency of service and that it is only an incident inherent in the terms of appointment does not appeal to me. In the case on hand, the Government has taken note of the entire facts and circumstances and has rightly concluded that Smt. Nidiya, an unapproved teacher, shall be posted in any of the nearby W.P.(C) Nos.10399 & 10572 of 2022 12 schools, and the petitioner was entitled to be posted at LM LPS, Anthiyoor. In that view of the matter, I find no reason to interfere with Ext.P1 order (produced in W.P.(C) No.10572 of 2022). These writ petitions are disposed of by issuing the following directions. - a) It is held that Ext.P1 produced in W.P.(C) 10572 of 2022 does not warrant any interference. - b) Smt.Lini Lawrence is held entitled to be transferred and posted at LM LPS, Anthiyoor, in compliance with directions issued in Ext.P1. - c) If orders, as directed above, are not passed within a period of three weeks from the date of production of a copy of this judgment, the respondents would be at liberty to initiate appropriate action as proposed to be initiated in Ext.P1. - d) W.P(C) No.10399 of 2022 is dismissed, holding that Ext.P6 - order does not warrant any interference. Sd/- **RAJA VIJAYARAGHAVAN V, JUDGE** NS W.P.(C) Nos.10399 & 10572 of 2022 13 ## **`APPENDIX OF WP(C) 10399/2022`** ``` PETITIONER(S) EXHIBITS ``` |`Exhibit P1`|`TRUE COPY OF THE BYE-LAW OF THE IELC`| |---|---| ||`EDUCATIONAL INSTITUTIONS OF THE TRIVANDRUM`| ||`SYNOD.`| |`Exhibit P2`|`TRUE COPY OF THE COMMON JUDGMENT DATED`| ||`16/9/2021 OF THE DIVISION BENCH OF THE`| ||`KERALA HIGH COURT IN WRIT APPEAL`| ||`NO.1097/2021.`| |`Exhibit P3`|`TRUE COPY OF THE APPOINTMENT ORDER NO.99/19`| ||`OF THE 3RD RESPONDENT DATED 28/6/2019 IN`| ||`LUTHERAN LPS ANTHIYOOR SCHOOL.`| |`Exhibit P4`|`TRUE COPY OF JOINING ORDER NO.4/2019-2020`| ||`DATED 28/6/2019 OF THE 3RD RESPONDENT`| ||`COMMUNICATED FROM THE LUTHERAN LPS ANTHIYOOR`| ||`SCHOOL TO THE ASSISTANT EDUCATION OFFICER,`| ||`BALARAMAPURAM.`| |`Exhibit P5`|`TRUE COPY OF THE JUDGMENT OF THE HON'BLE`| ||`HIGH COURT IN WPC NO.11481/2020 DATED`| ||`24/7/2020.`| |`Exhibit P6`|`TRUE COPY OF THE ORDER NO.G.O.(GEN)`| ||`NO.1554/2022/GEDN DATED 11/3/2022 ISSUED BY`| ||`THE 1ST RESPONDENT ALONG WITH ENGLISH`| ||`TRANSLATION.`| |`Exhibit P7`|`TRUE COPY OF THE REPRESENTATION DATED`| ||`18/3/2022 SENT BY THE 2ND PETITIONER TO THE`| ||`1ST RESPONDENT ALONG WITH ENGLISH`| ||`TRANSLATION.`| W.P.(C) Nos.10399 & 10572 of 2022 14 ``` Exhibit P8 TRUE COPY OF THE ORDER NO.A1/105/2021/G.EDN DATED 13-7-2022 ISSUED BY THE 2ND RESPONDENT. ``` ``` RESPONDENT(S) EXHIBITS ``` ``` Exhibit R4(a) TRUE COPY OF ORDER NO.F1/321/2020/DGE DATED 28/11/2020 ADDITIONAL DIRECTOR OF GENERAL EDUCATION (ACADEMIC) ALONG WITH ITS ENGLISH TRANSLATION. ``` ``` Exhibit R4(b) TRUE COPY OF ORDER NO.327 DATED 31/03/2022 OF THE CORPORATE MANAGER. ``` W.P.(C) Nos.10399 & 10572 of 2022 15 ## **`APPENDIX OF WP(C) 10572/2022`** ``` PETITIONER EXHIBITS ``` ``` Exhibit P1 TRUE COPY OF THE GO(RT) NO.1554/2022/G.EDN DATED 11.03.2022. ``` ``` Exhibit P2 TRUE COPY OF THE JUDGMENT DATED 24.06.2019 IN WPC NO.15269/2019 OF THIS HONOURABLE COURT. ``` ``` Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 24.07.2020 IN WPC NO.11481/2020 OF THIS HONOURABLE COURT. ``` ``` Exhibit P4 ``` ``` TRUE COPY OF THE ORDER NO.F/321/2020/DGE DATED 28.11.2020 OF THE ADDITIONAL DIRECTOR OF GENERAL EDUCATION (ACADEMIC). ``` ``` Exhibit P5 ``` ``` TRUE COPY OF THE REPRESENTATION DATED 14.03.2022 FILED BY THE PETITIONER BEFORE RESPONDENTS 4 AND 5. ``` ``` Exhibit P6 ``` ``` TRUE COPY OF THE REPRESENTATION DATED 14.03.2022 SUBMITTED BY THE PETITIONER BEFORE 3RD RESPONDENT. ``` ``` Exhibit P7 ``` ``` TRUE COPY OF THE GOVERNMENT CIRCULAR NO.31894/H2/13/G.EDN DATED 13.06.2014. ```