The judgment establishes that decisions affecting rights must involve the parties concerned, ensuring fairness in administrative actions.

JUDGMENT

The petitioner is stated to be working as U.P.S.A. in the school managed by the 6^th respondent herein. She was appointed as above from 2.6.2014 in a retirement vacancy of one Sri. K. Karunakaran, who retired from service on 31.3.2011. However, the appointment of the petitioner as above was not approved for the period up to 1.6.2015; her appointment being approved from 1.6.2015 in another post.

2. Heard Smt. Chinnu Maria Antony, representing Sri. Kaleeswaram Raj, counsel for the petitioner, and Sri. B. Unnikrishna Kaimal, the learned Government Pleader for the respondents.

3. The order at Ext.P2 by the AEO, refusing approval as above, was confirmed by the DEO pursuant to the order at Ext.P4. The petitioner, though she has not challenged the findings in Ext.P4, seeks to rely on the Ext.P10 order of the Deputy Director of Education, as per which there is a clear vacancy with reference to the date on which the petitioner was appointed. However, the petitioner complains that the Government issued the order at Ext.P11 dated 28.12.2020, observing that the petitioner is not entitled to approval of appointment for the period from 2.6.2014 to 31.5.2015. According to the petitioner, the finding in Ext.P11 was rendered not at her instance but at the instance of some other teachers whose revision petitions were being considered by the Government.

4. In my opinion, insofar as the rights of the petitioner were considered in Ext.P11 when she was not a party before the Government, the order at Ext.P11, to the extent that it concerns the petitioner, requires to be set aside, directing a fresh consideration.

In such circumstances, this writ petition stands allowed, setting aside Ext.P11 to the extent it affects the petitioner’s claim for approval for the period from 2.6.2014 to 31.5.2015. There will be a direction to the Government to consider the afore claim afresh after granting the petitioner, as well as all other affected parties, an opportunity of being heard, within a period of four months from the date of receipt of a copy of this judgment.

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