IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 31ST MARCH 2009 / 10TH CHAITHRA 1931 WP(C).No. 28610 of 2006(E) -------------------------------------- PETITIONER(S): ---------------------- C. SIRIL CHANDRA RAJ, AGED 47, SON OF E. CHELLAYYAN, SILOHAM, CHANI, KANJIRAMKULAM P.O.-695 524, WORKING AS HSA MATHEMATICS, GOVT.MODEL BOYS HIGHER SECONDARY SCHOOL, THYCAUD, THIRUVANANTHAPURAM. BY ADV. MR.P.R.VENKETESH RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, EDUCATION H DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DY.SECRETARY, GENERAL EDUCATION (H) DEPARTMENT, GOVT. OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 4. DY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM. 5. THE DISTRICT EDUCATIONAL OFFICER, THIRUVANANTHAPURAM. 6. THE PRINCIPAL, GOVT. MODEL BOYS HIGHER SECONDARY SCHOOL, THYCAUD, THIRUVANANTHAPURAM. R1 TO R5 BY GOVERNMENT PLEADER SMT.T.B. REMANI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 28610/2006-E APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER OF DY. DIRECTOR OF EDUCATION DATD 15/10/1985. EXT.P2: COPY OF THE ORDR OF THE DISTRICT EDUCATIONAL OFFICER NO.B1-7190/85 DATED 13/02/1986. EXT.P3: COPY OF THE ORDER OF DY. SECRETARY OF THE GENERAL EDUCATION (H) DEPARTMENT GOVT. OF KERALA DATED 30/03/1992. EXT.P4: COPY OF THE PETITION DATED 29/03/2003 BEFOR THE GOVERNMENT. EXT.P5: COPY OF THE COMMISSIONER OF DISTRICT EDUCATIONAL OFFICER TO DY. DIRECTOR OF EDUCATION DATED 02/12/2003. EXT.P5(a): COPY OF THE COMMUNICATION SENT BY PRICIPAL OF GOVT. MODEL BHSS TO THE DISTRICT EDUCATIONAL OFFICER DATED 15/04/2004. EXT.P6: COPY OF THE COMMUNICATION DATED 30/06/2004 ISSUED TO THE DISTRICT EDUCATIONAL OFFICER TO THE DY.DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM. EXT.P7: COPY OF THE PETITION DATED 22/11/2004 SUBMITTED BEFORE THE HONOURABLE MINISTER. EXT.P8: COPY OF THE ORDER OF THE FIRST RESPONDENT DATED 26/11/2004. EXT.P9: COPY OF THE PETITION SUBMITTED BEFORE THE HONOURABLE MINISTR FOR EDUCATION DATED 11/03/2005. EXT.P10: COPY OF THE ORDER DATED 26/07/2005 OF SECOND RESPONDENT. EXT.P11: COPY OF THE ORDER OF THE SECOND RESPONDENT DATED 20/09/2006. EXT.P12: COPY OF THE PETITION DATED 12/10/2006 BEFORE THE HONOURABLE CHIEF MINISTER EXT.P13: COPY OF THE ORDER OF THE GOVERNMENT DATED 16/12/2004. EXT.P14: COPY OF THE CIRCULAR DATED 11/03/2009 ISSUED BY THE GOVERNMENT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE Rs/ P.N.Ravindran, J. ================== W.P.(C) No.28610 of 2006 ===================== Dated this the 31st day of March, 2009. JUDGMENT Heard Sri. P.R.Venkatesh, the learned counsel appearing for the petitioner and Smt. T.B.Remani, the learned Government Pleader appearing for the respondents. 2. The petitioner was the Headmaster of D.M.U.P. School, Olloor, that was closed down by the District Educational Officer, Thiruvananthapuram by order dated 13.12.1986. 14 teachers of the said school, who had more than five years of service at the time when the school was closed down were absorbed in Government service permanently with effect from 4.11.1985 vide G.O.(Rt) No.1122/92/G.Edn. dated 30.3.1992. The petitioner was not thus absorbed, because he has less than three years service at the time when the school was closed down. The petitioner thereafter moved the Government to absorb him in Government service permanently with effect from 4.11.1985. After ascertaining the views of the Director of Public Instruction and the Deputy Director of Education, Thiruvananthapuram, the Government passed Ext.P10 order dated 27.6.2005 according sanction for the permanent absorption of the petitioner into Government service with effect from 4.11.1985 as H.S.A. (Mathematics) subject to the conditions laid down in G.O.(MS) WP(C) 28610/06 -: 2 :- No.479/70/G.Edn. dated 18.11.1970. After the petitioner was thus absorbed, he was appointed as H.S.A. in Government Model Boys Higher Secondary School, Thiruvananthapuram with effect from 4.11.1985. One year and three months thereafter, by Ext.P11 order dated 20.9.2006 the Government suo motu cancelled Ext.P10. It was ordered that the protection granted to the petitioner shall continue. Ext.P11 is under challenge in this Writ Petition essentially on the ground that the petitioner was not heard or put on notice before it was passed. 3. The respondents have filed a counter affidavit raising various contentions. However, it is stated that before Ext.P11 order was passed the petitioner was not put on notice or heard. In my opinion, Ext.P10 conferred on the petitioner a right and that right was taken away by Ext.P11 which was admittedly passed without notice to or affording him an opportunity of being heard. I am therefore of the opinion that Ext.P11 cannot be sustained. Ext.P11 is accordingly quashed and the Government are directed to pass revised orders in the matter after notice to and affording the petitioner a reasonable opportunity of being heard. It will be open to the petitioner to file a representation before the Government within one month highlighting his claims and contentions and the Government shall within three months thereafter pass orders giving reasons in support of its conclusions. The Government shall after orders are passed in the matter, communicate copies thereof to the petitioner. I make it clear that I have not expressed any opinion on the merits on the WP(C) 28610/06 -: 3 :- rival contentions and the Government will be free to decide the matter in accordance with law. 4. The learned counsel appearing for the petitioner submits that steps are afoot to select officers eligible for appointment by promotion to the category of Headmaster of Government Model Boys Higher Secondary School and unless the name of the petitioner is also considered, his claim will not be considered hereafter. As matters now stand, the petitioner cannot claim inclusion in the select list. However, I make it clear that if the Government upholds the claims and contentions of the petitioner, it will be open to the petitioner to move an appropriate representation before the Government requesting the Government to convene an Ad hoc Departmental Promotion Committee to consider his claim for appointment by promotion as Headmaster. The Writ Petition is disposed of as above. P.N.Ravindran, Judge. ess 14/4