Petitioner challenged an order denying full-time Sanskrit teacher post due to lack of hearing. Court set aside the order without deciding merits and directed re-evaluation after hearing.
Exhibit P4 order set aside; direction to 4th respondent to reconsider matter after hearing petitioner within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
MONDAY, THE 29TH DAY OF OCTOBER 2012/7TH KARTHIKA 1934
WP(C).No. 7529 of 2012 (M)
PETITIONER(S):
SREENIVASAN S., AGED 31 YEARS S/O SIVASANKARAN SANSKRIT TEACHER AIDED UPPER PRIMARY SCHOOL, TRIPANNUR MOOLAMKODE (VIA) KIZHAKKENCHERY PALAKKAD DISTRICT
BY ADV. DR.GEORGE ABRAHAM
RESPONDENT(S):
1. THE MANAGER, AIDED UPPER PRIMARY SCHOOL, TRIPANNUR MOOLAMKODE, (VIA) KIZHAKKENCHERY PALAKKAD DISTRICT-678684.
2. THE ASSISTANT EDUCATIONAL OFFICER, ALATHUR-678505.
3. THE DISTRICT EDUCATIONAL OFFICER, PALAKKAD-678001.
4. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT GOVERNMENT OF SECRETARIAT THRIUVANANTHAPURAM-695001.
R1 BY ADV. SRI.U.BALAGANGADHARAN R3 & R4 BY GOVERNMENT PLEADER SMT. K.A. LOWSY
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29-10-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
DCS
WP(C).No. 7529 of 2012 (M)
APPENDIX
PETITIONER(S) EXHIBITS :-
| EXT.P1 | COPY OF PETITIONER'S APPOINTMENT ORDER DATED 1/6/2010 ISSUED BY THE MANAGER. |
|---|---|
| EXT.P2 | COPY OF STAFF FIXATION ORDER DATED 3/9/2010 OF AIDED` UPPER PRIMARY SCHOOL, TRIPPANNUR FOR THE ACADEMIC YEAR 2010-2011. |
| EXT.P3 | COPY OF REVISION SUBMITTED BY THE PETITIONER ON 6/12/2010 BEFORE THE 4TH RESPONDENT. |
| EXT.P4 | COPY OF GOVERNMENT ORDER NO.35964/E2/2011 G.EDN. DATED 15/10/2011. |
| EXT.P5 | COPY OF STAFF STATEMENT FOR THE ACADEMIC YEAR 2010-11 IN AIDED UPPER PRIMARY SCHOOL, TRIPANNUR. |
| EXT.P6 | COPY OF JUDGEMENT DATED 18/9/2007 IN WPC.30570/05. |
| EXT.P7 | COPY OF JUDGEMENT DATED 8/12/2009 IN WA.333/08. |
RESPONDENTS' EXHIBITS :- NIL
/TRUE COPY/
P.A. TO JUDGE
DCS
P.R.RAMACHANDRA MENON, J.
W.P.(C) NO. 7529 of 2012 (M)
Dated this the 29th day of October, 2012
JUDGMENT
The petitioner has approached this Court with the following
prayers:-
despite the fact that the petitioner came to be appointed as Fulltime Sanskrit Teacher in a whimsical vacancy of one G. Baby Amma, the Department took a surprising stand to the effect that it has been approved only as a Part-time Sanskrit Teacher.
W.P.(C) NO. 7529 of 2012 (M)
2
Though, the matter was taken up before the Government, it came to be rejected by way of Ext. P4, which was passed without giving any opportunity of hearing to the petitioner.
came to be finalised without hearing the petitioner, more so, since no such reference has been made in Ext. P4 in this regard.
W.P.(C) NO. 7529 of 2012 (M)
3
The writ petition is disposed of.
SD/- P.R.RAMACHANDRA MENON, JUDGE
DCS
2 issues framed by the court
Whether the Order dated 15.10.2011 (Ex. P4) passed without hearing the petitioner requires to be set aside for lack of opportunity of hearing.
Whether the petitioner needs to be given an opportunity of hearing before The District Educational Officer reconsiders the sanction of the full-time Sanskrit teacher post.
Sreenivasan S.
The Manager, Aided Upper Primary School, Trippannur Moolamkode
The Assistant Educational Officer, Alathur
The District Educational Officer, Palakkad
State of Kerala
P.R. Ramachandran Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
