The principles of natural justice require that all affected parties be heard before issuing any orders affecting their rights, particularly in educational administrative decisions.

T.R. RAVI, J.

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W.P.(C)Nos.16878 of 2017 & 30905 of 2019 --------------------------------------------

Dated this the 8^th day of December, 2025

JUDGMENT

The above two writ petitions relate to the same issue and are being heard and disposed of together. W.P.(C)No.16878 of 2017 is treated as the main case, and parties and documents are referred to as per their status and numbering, respectively, in the said writ petition (except in the paragraphs covering the pleadings in W.P.(C)No.30905 of 2019).

2. The prayer in W.P.(C)No.16878 of 2017 is for directions to respondents 3 and 4 to approve the petitioner’s appointment from 4.6.2012 and to pay the salary and other benefits. The petitioner was appointed as a Part-Time Hindi Teacher on 01.06.2008 against the leave vacancy of Smt. Merlin Shobhana John at BEM UP School, Ponnani. The appointment was not approved, owing to objections raised by Smt. Sheema Sujayakumari, Sri Danish Raphel and Smt. Nisha Janet, three Non-Teaching Staff under the Corporate Manager. As per Ext.R10(d), the petitioner's appointment against the leave vacancy of Smt.Merlin Shobhana John was cancelled, and she was appointed to the regular vacancy of Part-Time Hindi Teacher, which arose on 01.06.2009 in CMS UP School, Nedinkaruna. Sri Danish Raphel’s claim for the leave vacancy of Smt.Merlin Shobhana John was accepted, and he was appointed with effect from 01.06.2008. To get approval of her appointment, the petitioner approached the 1^st respondent with a revision petition on 02.02.2012. By order in WP (C) No.9517 of 2012, this Court directed the 1^st respondent to consider and pass orders on the revision petition and to maintain the status quo with respect to the appointment of the petitioner till the disposal of the revision petition. While so, Smt.Merlin Shobhana John cancelled her leave and rejoined duty, and the petitioner was retrenched from service. The 1^st respondent disposed of the revision petition filed by the petitioner, as per Ext.P1 order dated 16.11.2012 (Ext.P8 in W.P.(C)No.30905 of 2019). This was followed by Ext.P2 order dated 21.12.2012, issued by the Corporate Manager, treating the petitioner’s appointment as continuous from 01.06.2009, without an ouster on 04.06.2012, despite the rejoining of Smt. Merlin Shobhana John. Based on Ext.P2, she was treated as the seniormost teacher and was promoted and appointed as a Full- Time Hindi Teacher in the available vacancy at BEM UP School, Feroke. The period of absence from 04.06.2012 to the date of joining was directed to be treated as eligible leave. The petitioner claims that the copy of Ext.P2 order was served on the 10^th respondent (1^st petitioner in W.P.(C)No.30905 of 2019). The petitioner thereafter joined BEM UP School, Feroke, on 07.01.2013. While so, Sri Danish Raphel filed W.P.(C)No.1036 of 2013 claiming promotion to the post of Part Time Hindi Teacher with effect from 02.06.2008.

3. During the staff fixation for 2014-15, there was a division fall, resulting in the abolition of the post of Full Time Hindi Teacher at BEM UP School, Feroke, as evidenced by Ext.P4 order dated 14.07.2014. The Joint Director of General Education issued Ext.P5 order on 12.12.2014, approving the appointments of Sri Danish Raphel and the petitioner, with effect from 02.06.2008 and 01.06.2009, respectively. W.P.(C)No.1036 of 2013 was closed based on Ext.P5. By Ext.P7 order, the 4^th respondent approved the appointment of the petitioner, with effect from 01.06.2009, at CMS UP School, Nedinkaruna. The petitioner submitted Ext.P8 representation before the AEO, Feroke, seeking revision of Ext.P4 staff fixation order and res