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2013 Supreme(Ker) 1119

C.T.RAVIKUMAR
Lissy Roy – Appellant
Versus
Mar Gregorious English Medium Higher Secondary School – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: N. Raghuraj & K. Amminikutty
For the Respondents: George Sebastian & P.M. Saneer, Government Pleader

JUDGMENT :

1. The petitioner was working as Stores Clerk in Mar Gregorious English Medium Higher Secondary School, Njaliyakuzhy in Kottayam District (for short ‘the School’) and she is aggrieved by the termination from its service with effect from 31.3.2013. This writ petition has been filed seeking quashment of Ext.P2 notice and issuance of a writ of mandamus commanding the respondents 1 to 3 to reinstate the petitioner in service of the respondents as Stores Clerk with effect from 01.04.2013 and to disburse all service benefits due to her. The further prayer is for a declaration to the effect that the termination of the petitioner as per the decision of the 3rd respondent dated 07.02.2013, as has been mentioned in Ext.P2 notice, is arbitrary, illegal and violative of principles of natural justice.

2. It is common case that the School is a recognised unaided school under the Kerala Education Act. The petitioner was appointed as clerk in the school on 02.06.2001 and thereafter posted as Stores Clerk. At the outset, it is relevant to note that the petitioner relies on Rule 4(c) of Ext.P1 to contend that it authorizes the Governing Body only to give suggestion to the Manager without pr


































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