IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 12TH OCTOBER 2011 / 20TH ASWINA 1933 WP(C).No. 19437 of 2011(D) -------------------------- PETITIONER(S): --------------------- REEJA.P,HSA(PHYSICAL SCIENCE),NATIONAL HIGHER SECONDARY SCHOOL,VATTOLI,KOZHIKODE DIST. BY ADV. SRI.R.K.MURALEEDHARAN RESPONDENT(S): -------------------------- 1. THE STATE OF KERALA REP.BY SECRETARY TO GENERAL EDUCATION DEPARTMENT,TRIVANDRUM-695001. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, TRIVANDRUM-695001. 3. THE DISTRICT EDUCATIONAL OFFICER, VATAKARA,KOZHIKODE-673101. 4. THE MANAGER,NATIONAL HIGHER SECONDARY SCHOOL,VATTOLI,KOZHIKODE DISTRICT-673510. BY GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK WP(C).No. 19437 of 2011(D) ---------------------------------------- APPENDIX -------------- PETITIONER'S EXHIBITS ------------------------------------ EXT.P1. COPY OF THE APPOINTMENT ORDER DATED 2.6.2004. EXT.P2. CPY OF THE RELEVANT PAGES OF THE STAFF FIXATION ORDER OF THE SCHOOL FOR THE YEAR 2004-05 DATED 8.2.2005 EXT.P3. COPY OF THE GO (RT) NO.2180/06/GL.EDN. DATED 29.5.2006. EXT.P4. CPY OF THE ORDER OF THE 3RD RESPONDENT DATED 29.7.2006. EXT.P5. COPY OF THE RELEVANT PAGES OF THE REVISED STAFF FIXTION FOR THE YEAR 2004-05 DATED 297.2006. EXT.P6. COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 22.12.2006 EXT.P7. COPY F THE ORDER OF THE 1ST RESPONDENT DATED 7.6.2011. RESPONDENT'S EXHIBITS : NIL ------------------------------------- / TRUE COPY / P.A. TO JUDGE VK T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.19437/2011-D ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 12th day of October, 2011 J U D G M E N T This writ petition is filed challenging Ext.P7 order which is on a revision petition filed by the petitioner. The learned counsel for the petitioner pointed out that Ext.P7 will show that the parties were not heard before the decision was taken by the Government. Evidently, Ext.P7 is issued in the form of a letter and not in the form of an order also. 2. It is a matter wherein the petitioner is seeking approval from 02/06/2004 as High School Assistant (Physical Science). The revision petition was filed against Ext.P6 order passed by the Director of Public Instruction wherein the matter was remitted back to the District Educational Officer, Vatakara for fresh disposal. 3. The learned counsel for the petitioner submits that the appointment being from 02/06/2004, the petitioner is entitled for approval from that date and if a personal hearing is offered by the Government, the W.P.(C). No.19437/2011 -:2:- petitioner will be able to apprise the Government about the factual aspects regarding the appointment made on 02/06/2004. 4. There is nothing in Ext.P7 to show that the petitioner was heard in the matter. In that view of the matter, Ext.P7 is set aside for want of hearing of the parties concerned. The Government will rehear the matter with notice to the petitioner and the Manager and appropriate decision will be taken within a period of five months from the date of receipt of a copy of this Judgment. It is made clear that I have not expressed anything on the merits of the claim. The writ petition is disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms