Petitioner, a Primary school teacher completed a five year period at a school
classified as a difficult school and applied for and obtained a transfer to a
school close to her husband’s home in February 1995. On 29.06.95 she
received a letter dated 13.06.95 issued by the 2nd Respondent the Director
of Education of the Puttalam Zone of the North Western Province (NWP)
transferring her back to the old difficult school with immediate effect. Also
no travelling expenses were to be paid. Transfers within the NWP were
governed by a Circular dated 18.03.95 (the Transfer Circular) sent by the
1st Respondent the Provincial Director of Education of the NWP to all
Principals in the Province. By a Circular issued by the 1st Respondent in
March 1995 captioned “Selection of Excess Teachers” 1st Respondent
directed all Principals in the Province to identify excess teachers. In yet
another Circular captioned “Transfer of Excess Teachers” dated 04.05.95                                                                                the 1st Respondent stated that teachers who had already completed “difficult”
service’ should not be named as excess teachers.

Read the full judgement here

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