IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 28TH MAY 2009 / 7TH JYAISHTA 1931 WP(C).No. 1278 of 2008(B) ------------------------------- PETITIONER: -------------- T.N.SANILA, HSA, RNM HIGH SCHOOL, NARIPATTA, KOZHIKODE DISTRICT, RESIDING AT MACHULLATHIL VEEDU, CHIKKONNU WEST, KAKKATIL VIA, KOZHIKODE DISTRICT. BY MR.R.K.MURALEEDHARAN, ADVOCATE. RESPONDENTS: ----------------- 1. THE STATE OF KERALA, REP. BY SECRETARY TO GENERAL EDUCATION DEPARTMENT. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, TRIVANDRUM. 3. THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE. 4. THE DISTRICT EDUCATIONAL OFFICER, VADAKARA. BY MS. T. B. REMANY, GOVERNMENT PLEADER FOR R1 TO 4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.1278/2008 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF ORDER OF APPOINTMENT DTD. 6.11.97 ALONG WITH THE ORDER OF APPROVAL DTD. 16.8.99. EXT. P2 : COPY OF THE GO(MS) No.187/03/G.Edn DTD. 16.7.2003. EXT. P3 : COPY OF PROCEEDINGS OF THE MANAGER DTD. 1.8.2003. EXT. P4 : COPY OF ORDER OF THE 4TH RESPONDENT. EXT. P5 : COPY OF THE ORDER OF THE 3RD RESPONDENT DTD. 25.2.2004. EXT. P6 : COPY OF THE ORDER OF 2ND RESPONDENT DTD. 29.5.2004. EXT. P7 : COPY OF THE ORDER OF THE 1ST RESPONDENT DTD. 11.6.2007. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.1278 OF 2008 --------------------------------------- Dated this the 28th day of May, 2009. J U D G M E N T The petitioner is aggrieved by Exhibit P7 order by which the revision filed by the petitioner was rejected by the Government without hearing the petitioner and without considering the effect of Exhibit P2 Government Order. 2. The bare facts necessary for the disposal of the case are the following: The petitioner is a Graduate in English with BEd. and was appointed as Social Science Teacher with effect from 06.11.1997 in the RNM High School, Kozhikode, which is an aided school. By Exhibit P1, the said appointment was approved. The category of H.S.A (English) was allowed separately from the academic year 2002-03 onwards. Exhibit P2 is the Government Order by which the Government ordered that the existing High School Assistants who have the required qualification to be posted as H.S.A (English) shall be accommodated against the newly created post W.P.(C) No.1278/08 2 of H.S.A (English). Accordingly, the Manager issued proceedings appointing the petitioner in the post of H.S.A (English) with effect from 15.07.2003, which is evidenced by Exhibit P3. Even though approval was sought for the same, that was rejected by the 4th respondent by Exhibit P4. An appeal was filed by the Manager before the 3rd respondent challenging Exhibit P4, which was rejected by Exhibit P5. The matter was taken up in revision before the second respondent by the petitioner as well as by the Manager and the same was disposed of by Exhibit P7. 3. Learned counsel for the petitioner submitted that while disposing of the revision, the petitioner was not heard. It is pointed out that the effect of Exhibit P2 Government Order also has not been considered by the Government. 4. Heard the learned Government Pleader who appeared for the respondents. The 3rd respondent has filed a counter affidavit also. 5. In ground No.IV in the writ petition, the petitioner has stated that Exhibit P7 order has been passed without hearing her. That is not disputed in the counter affidavit. In the light of the W.P.(C) No.1278/08 3 fact that Exhibit P7 was passed without affording an opportunity of personal hearing, I am of the view that the matter has to be reconsidered by the Government after hearing the petitioner and the Manager. Hence, Exhibit P7 is quashed. There will be a direction to the first respondent to hear and dispose of the revision petitions filed by the petitioner as well as the Manager after affording an opportunity of personal hearing to the petitioner and the Manager within a period of four months from the date of receipt of a copy of this judgment. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp