The Court quashed the order that cancelled the petitioner's staff fixation as it was passed without hearing the petitioner, violating natural justice. It directed fresh orders to be passed after a hearing and the payment of due salary.
Quashing of the impugned order; direction to pass fresh orders after hearing; direction to pay due salary and emoluments.
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 A.K.JAYASANKARAN NAMBIAR
THURSDAY, THE 18TH DAY OF JUNE 2015/28TH JYAISHTA, 1937
WP(C).No. 2033 of 2015 (D)
PETITIONER(S):
SOUMYA G.D. AGED 30 YEARS UPSA, VELLIYUR AUP SCHOOL, P.O NOCHAD KOZHIKODE DISTRICT.
BY ADV. SRI.R.K.MURALEEDHARAN
RESPONDENT(S):
1. STATE OF KERALA
2. THE DIRECTOR OF PUBLIC INSTRUCTION THIRUVANANTHAPURAM-695014.
3. THE ASSISTANT EDUCATIONAL OFFICER PERAMBRA, KOZHIKODE DISTRICT-673525.
4. THE MANAGER
5. SAJILA T.P.
R-R5 BY ADV. SRI.V.A.MUHAMMED R-R5 BY ADV. SRI.M.SAJJAD
R BY GOVERNMENT PLEADER, SRI. RINNY STEPHEN CHAMAPARAMBIL
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 2033 of 2015 (D)
APPENDIX
PETITIONER(S)' EXHIBITS
RESPONDENT(S)' EXHIBITS
EXHIBIT R5(b) TRUE COPY OF THE LETTER OF THE MANAGER DATED 01.01.2013.
EXHIBIT R5(i) TRUE COPY OF THE SENIORITY LIST.
//True copy //
das
PA to Judge
A.K.JAYASANKARAN NAMBIAR, J.
W.P.(C). No. 2033 of 2015
===================================================== Dated this the 18th day of June, 2015
JUDGMENT
The challenge in the writ petition is against Ext.P10 order, that was passed by the 1st respondent, setting aside Ext.P8 order that was passed in favour of the petitioner. The main ground of challenge in the writ petition against Ext.P10 is that the petitioner was not heard prior to the passing of the said order.
-2-
W.P.(C). No. 2033 of 2015
1st respondent shall pass orders as directed, within a period of two months from the date of receipt of a copy of this judgment. The respondents are also directed to ensure that the petitioner is paid the salary and other emoluments that are due to her on account of the quashing of Ext.P10 order by this judgment.
The writ petition is disposed as above.
Sd/-
A.K.JAYASANKARAN NAMBIAR JUDGE
das
2 issues framed by the court
Whether the order cancelling the petitioner's fixation can be sustained when it was passed without hearing the petitioner.
Whether the impugned order is vitiated by non-compliance with the rules of natural justice.
SOUMYA G.D.
STATE OF KERALA
THE DIRECTOR OF PUBLIC INSTRUCTION THIRUVANANTHAPURAM
THE ASSISTANT EDUCATIONAL OFFICER PERAMBRA
THE MANAGER VELLOIYUR AUP SCHOOL
SAJILA T.P.
A.K.JAYASANKARAN NAMBIAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
