CA further extends Stay Order on transfer of lady teacher

By S.S.Selvanayagam

The Court of Appeal on 29 August  further extended the Interim Order till 27 September suspending the impugned transfer of a lady graduate teacher from Kurenegala to Monaragala 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 fixed the matter for argument on the Stay Order on 26 September. 

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

Petitioner Ariyasingha Violet, 55-years old and married with two children, challenging her impugned transfer, citing 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 the Wayamba National College of Education, she herself did office cleaning and some other work that she need not do, in order to motivate other employees to work collectively for the betterment of her institution. She states there is a Development Assistant in her institution and when 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 would abuse her in filthy language misusing the names of 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 filthy words 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 Bibila 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 a nullity (void of legal effect). 

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