K.B. PRESANNAN PILLAI Vs. STATE OF KERALA

JUDGEMENT

(1.) Heard Adv. N. Unnikrishnan for the petitioner, Sri. N.B. Sunil Nath, learned Government Pleader for respondents 1 to 3, Adv. Sri. Lindons C. Davis for fourth respondent and Adv. Aruna for fifth respondent, Adv. Sri. V. Visal Ajayan for sixth respondent.

(2.) The petitioner challenges Ext.P3 Order No. E3/7553/2019 Establishment (E3) Section, Thiruvananthapuram dated 13.10.2019 passed by the Director General of Education, Government of Kerala, Thiruvananthapuram/second respondent. The second respondent through Ext.P23 decided the interse seniority issue amongst the petitioner, the fifth and sixth respondents. The petitioner, fifth and sixth respondents are working in the fourth respondent school. Learned counsel appearing for the parties by referring to the exhibits on which the respective clients rely on in support for their seniority have made detailed submissions. One of the objections raised by the petitioner against Ext.P23 is improper procedure followed by the second respondent while deciding the seniority or that Ext.P23 is vitiated as violative of principles of natural justice. In the sense that Ext.P23 is not passed by the authority who heard the case and by itself does not refer to the core issue the parties are agitating. The order is passed by the second respondent/Director General of Education without hearing parties.

(3.) From the above, it prima facie appears that a few of the observation made in Ext.P23 cannot stand to judicial scrutiny, even to the extent permissible in matters of this nature.