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The Manager vs State Of Kerala on 9 July, 2008

Kerala High Court
The Manager vs State Of Kerala on 9 July, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 7980 of 2008(Y)


1. THE MANAGER,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

2. DISTRICT EDUCATIONAL OFFICER,

3. NEENA MATHAI,

                For Petitioner  :SRI.T.M.ABDUL LATHEEF

                For Respondent  :SRI.P.CHANDRASEKHAR

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :09/07/2008

 O R D E R
                                      K.T. SANKARAN, J.
                 ............................................................................
                               W.P.(C) No. 7980 OF 2008
                 ............................................................................
                                 Dated this the 9th July, 2008

                                        J U D G M E N T

Sister Aleykutty K.M., while working as HSA in St. Mary’s High School,

Ernakulam died on 20.06.1992. Aleykutty was a spinster. Her sister Neena Mathai

applied for appointment under the Compassionate Employment Scheme. But the

Manager did not appoint her. Complaining that she was not given employment, Neena

Mathai approached the District Educational Officer. The District Educational Officer

passed Ext. P4 order dated 27.03.2002 holding that Neena Mathai is not entitled to get

appointment under the Compassionate Employment Scheme . Neena Mathai filed a

revision before the Government . Government passed Ext. P7 order dated 17.08.2007

holding that Neena Mathai is entitled to get appointment and the Manager was directed

to issue orders posting Neena Mathai with effect from the date of receipt of the

certificates , viz. relation ship certificate/heirship certificate. Ext. P7 order is under

challenge in this Writ Petition filed by the Manager.

2. Ext.P7 order is challenged mainly on the ground that the Manager was not

afforded with an opportunity of being heard by the first respondent while disposing of

the matter as per Ext. P7 order. It is pointed out that Ext.P7 order itself would indicate

that the petitioner and a teacher by name Lincy Joseph, who was appointed by the

Manager (the petitioner herein) were heard by the first respondent. The order does not

indicate that the Manager was heard. The order also does not disclose the contentions

put forward by the Manager though Ext.P5 detailed argument note dated 10th October

2006 was submitted by the Manager. It is submitted by the learned counsel for the

W.P.(C) No. 7980 OF 2008

2

petitioner that though the petitioner received a notice from the first respondent and he

appeared on the date fixed, the matter was not taken up on that date and he was not

informed about the adjourned date and thereby he was deprived of an opportunity of

being heard.

3. On a perusal of the order, it cannot be said that the petitioner was also

heard. There is no case for the third respondent that the petitioner was also heard by

the first respondent. Learned Government Pleader also has not controverted the

contention raised by the petitioner that he was not heard. Since the petitioner was not

heard, Ext.P7 order is violative of the principles of natural justice. The contentions put

forward by the petitioner were not considered by the first respondent. Hence the

matter requires fresh consideration by the first respondent. Therefore, Ext. P7 order is

quashed. The first respondent shall dispose of the matter afresh, after affording an

opportunity of being heard to the petitioner, Neena Mathai (third respondent herein) and

Lincy Joseph and also any other affected person. Notice in advance shall be issued to

the aforesaid persons and the first respondent shall dispose of the matter, as

expeditiously as possible and at any rate within a period of two months from the date of

receipt of a copy of the judgment.

K.T. SANKARAN,
JUDGE.

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