Wednesday, 27 November 2002 |
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by Kumar Wethasinghe A school principal in Ratnapura who had been arbitrarily transferred for taking day's leave to provide urgent medical treatment for his four year old child , presently in the custody of the child's grandparents at Minneriya, since the untimely demise of his wife, yesterday filed a Right Plea against the Chief Ministry Secretary of the Sabaragamuwa Provincial Council and the Ratnapura Educational Ministry hierarchy challenging his transfer. In this case, the petitioner Udagama Durage Nimalasena Principal Mihidu Vidyalaya Ratnapura had cited Secretary, Chief Ministry Sabaragamuwa Provincial Council, Zonal Director of Education, Circuit Director of Education all attached to Ratnapura as the key respondents. Among other matters, the petitioner had submitted that having joined the Department as a teacher in 1967, He had become a Grade 1 Principal and served as Mihidu Vidyalaya since 3/02/99, as its Principal. On or around 17/02/02 in connection with the Presidential Millenium scholarship awards Ceremony, he had been instructed by the respondents to make arrengments to provide accommodations for some visiting teachers. Accordingly, he had appointed a team of his staff and finalised the accommodation programme for 17/02/02. However at midnight of 16.02.02 he had been informed that his child was sick. Accordingly, having furnished prior arrangements he had duly taken a day's leave and rushed to Minneriya, to provide medical care to his child. The following day was a Friday and a holiday and he had returned to work on 21/02/02. Nevertheless without any indication, warning or inquiry the first respondent by his letter dated 28/02/0, had transferred him to a lower grade school ( R/Hidallena junior school) on the pretext that he had not fulfiled the accommodation requirements. The petitioner had pleaded that such arbitrary and wrongful actions and the unreasonable exercise of authority by the respondents were in violation of his fundamental rights. |
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