CA suspends transfer of lady teacher at impugned instigation by Minister

By By S.S.Selvanayagam

The Court of Appeal yesterday (20) issued an Interim Order suspending the impugned transfer of a lady graduate teacher from Kurenegala to Moneragala district at the alleged malice on the part of the Education Minister. 

The Bench comprising Justices Vijith K.Malalgoda (President of CA) and P.Padman Surasena directed to issue notices on the Minister and the Ministry Secretary returnable for 1 August. 

The aggrieved teacher who was serving at the Wayamba National College of Education, Bingiriya in the Kurunegala district as President, laments she had been transferred to the Teacher Centre, Bibile in the Moneragala district on malicious instigation by the Education Minister. 

Petitioner Ariyasingha Violet, 55-years old and married with two children, challenging her impugned transfer, cited Education Ministry Secretary W.M.Bandusena and the Education Minister Akila Viraj Kariyawasam as Respondents. Darshana Kuruppu appeared for the Petitioner. 

The Petitioner states as there were shortages of employees at Wayamba National College of Education, she herself did office cleaning and some other work that she should not do, although to motivate other employees to work collectively for the betterment of her institution. 

She states there is a Development Assistant in her institution and she asked him to perform certain duties at the store, he refused the same and started to argue with her.

 She alleges whenever she asked him to perform duties, he started to abuse her in foul language misusing the names of the Education Minister and his brother-in-law who is the State Secretary to the Education Ministry. 

She claims the said Development Assistant is a close relative of the Education Minister and she had been humiliated by the offending foul language used by him. 

She said she had notified the Additional Secretary (administration) about the said incident and sought his advice. 

In these circumstances, she bemoans she had purportedly been first transferred to Peradeniya and then to Bibile by the Ministry Secretary allegedly at the malicious instigation of the Minister without jurisdiction/authority. 

She contends the impugned transfer is void ab initio (Never legitimate or valid from the beginning) and is nullity (void of legal effect). 

She is seeking the Court to grant and issue an order quashing the decision to transfer her from the Wayamba National College of Education to the Teacher Center, Bibile.