Kerala High Court
Hemalatha Thampatty E.K vs State Of Kerala on 25 March, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:25701
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 25TH DAY OF MARCH 2025 / 4TH CHAITHRA, 1947
WP(C) NO. 31697 OF 2024
PETITIONER:
HEMALATHA THAMPATTY E.K,
AGED 54 YEARS,
D/O.LATE BHASKARAN THAMBAN,
WORKING AS PRINCIPAL,
K.R. HIGHER SECONDARY SCHOOL,
PURAMERI, KOZHIKODE DISTRICT -673503
RESIDING AT: PRANAVAM HOUSE,
PURAMERI, VADAKARA,
KOZHIKODE DISTRICT, PIN - 673503
BY ADVS.
SRI.K.MOHANAKANNAN
SMT.MAYA S. KUMAR
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DIRECTOR OF GENERAL EDUCATION,
OFFICE OF THE DIRECTOR OF GENERAL
EDUCATION, JAGATHY,
THIRUVANANTHAPURAM, PIN - 695014
3 THE DEPUTY DIRECTOR OF EDUCATION,
OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
EDUCATION DEPARTMENT, TAZHEKKOD,
KOZHIKODE, PIN - 673004
2025:KER:25701
W.P.(C) No.31697/2024
:2:
4 THE REGIONAL DEPUTY DIRECTOR OF
HIGHER SECONDARY EDUCATION,
OFFICE OF THE REGIONAL DEPUTY
DIRECTOR OF HIGHER SECONDARY EDUCATION,
THEKEPURAM, KUTTICHIRA,
KOZHIKODE, PIN - 673001
5 THE MANAGER,
KADATHANDU RAJAS HIGHER SECONDARY SCHOOL,
PURAMERI, KOZHIKODE DISTRICT, PIN - 673503
6 RAJEEVAN K.,
RETIRED HSST, KADATHANADU RAJAS H.S.S.,
PURAMERI, KOZHIKODE,
RESIDING AT: KALAMULLATHIL HOUSE,
KODENCHERI, PURAMERI PO,
KOZHIKODE, PIN - 673503
BY ADVS.
SMT.ATHIRA A.MENON
SRI.R.K.MURALEEDHARAN
SRI.PREMCHAND R. NAIR, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 25.03.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:25701
W.P.(C) No.31697/2024
:3:
JUDGMENT
Dated this the 25th day of March, 2025 The petitioner states that approval granted to the petitioner's appointment as Principal-in-Charge stands cancelled by Ext.P10 order of the Government. Ext.P10 is an order passed by the Government in a Revision Petition filed by the 6th respondent. The grievance of the petitioner is that the petitioner was not heard before passing Ext.P10 order cancelling approval of the appointment.
2. Going through Ext.P10, I find that there is no reference to notice to the petitioner or contentions of the petitioner in this regard. Ext.P10 is therefore violative of principles of natural justice, offending Article 14 of the Constitution of India. Ext.P10 is therefore set aside on the ground of violation of principles of natural justice. The matter is 2025:KER:25701 W.P.(C) No.31697/2024 :4: remitted back to the 1st respondent for reconsideration. The 1st respondent shall pass orders afresh within a period of two months after giving notice and after giving opportunity of hearing to the parties. It is made clear that this Court has not pronounced anything on merits on the rival claims arising in the writ petition.
The writ petition is disposed of as above.
Sd/-
N. NAGARESH JUDGE SR 2025:KER:25701 W.P.(C) No.31697/2024 :5: APPENDIX OF WP(C) 31697/2024 PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF THE ORDER OF APPOINTMENT DATED 15-6- 2020 OF THE PETITIONER Exhibit P2 TRUE COPY OF THE ORDER OF APPOINTMENT DATED 17-3-2021 OF THE PETITIONER ALONG WITH ITS RETYPED COPY Exhibit P3 TRUE COPY OF THE APPEAL MEMORANDUM SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P4 TRUE COPY OF THE JUDGMENT IN WRIT PETITION NO.15582/2022 DATED 10-8-2022 Exhibit P5 TRUE COPY OF THE ORDER NO.ACD.B1 / 241186/2022/HSE DATED 4-5-2023 OF THE 2ND RESPONDENT Exhibit P6 TRUE COPY OF THE JUDGMENT IN WRIT PETITION(C)NO.28281/2023 DATED 26-3- 2024 Exhibit P7 TRUE COPY OF THE PROCEEDINGS RDDHSE/ KKD/2663/2024-CLK(A3) DATED 28-6-2024 OF THE 4TH RESPONDENT Exhibit P8 TRUE COPY OF THE REPRESENTATION DATED 6-7-2024 WITH STATEMENT OF FIXATION OF PAY SUBMITTED BY THE PETITIONER Exhibit P9 TRUE COPY OF ORDER NO.A5-817/2021/ K.DIS DATED 26-7-2021 Exhibit P10 TRUE COPY OF THE GO(RT)NO.5236 / 2024/GEDN DATED 24-8-2024 Exhibit P11 TRUE COPY OF THE STATEMENT OF SALARY DRAWN BY THE 6TH RESPONDENT