MUSALI GUPTAN Vs. STATE OF KERALA
LAWS(KER)-1963-10-13
HIGH COURT OF KERALA
Decided on October 03,1963

MUSALI GUPTAN Appellant
VERSUS
STATE OF KERALA Respondents


Referred Judgements :-

WOOD V. WOOD [REFERRED TO]
RIDGE V. BALDWIN [REFERRED TO]



Cited Judgements :-

SR Y PHILOMENA VS. PRL SECRETARY TO GOVERNMENT [LAWS(APH)-1992-8-28] [REFERRED TO]
KHALID VS. LAKSHMI [LAWS(KER)-1964-12-28] [REFERRED TO]
M APPUKUTTY VS. SALES TAX OFFICER SPL CIRCLE I KOZHIKODE [LAWS(KER)-1964-12-33] [REFERRED TO]


JUDGEMENT

- (1.)The appellant was the Headmaster of an aided Lower Primary School at Mangalamkunnu. The 2nd respondent contended before the Director of Public Instruction that he was the legitimate claimant to that post. The contention was not accepted.
(2.)The 2nd respondent then took up the matter before the Government and Ext. P2 is the order passed in his favour and impugned by the appellant -- without success -- in O. P. No. 118 of 1962. Ext. P 2 reads as follows:
"In his petition read as first paper above Shri Gopalan Nair (2nd respondent) has submitted before Government that he is the legitimate claimant to the post of Headmaster of the A. L. P. S. Mangalamkunnu, Ottapalam, Palghat which is now held by Shri Musali Guptan (appellant). He has stated that his case was represented before the departmental authorities including the D. P. I. and that the D. P. I. issued orders to the effect that Shri Musali Guptan (appellant) may continue to act as Headmaster in the said school. Shri Gopalan Nair (2nd respondent) in his petition appealed to Government that the above order of the D. P. I. may be reexamined.

2. Government have considered his appeal and carefully examined the whole case. It is seen that Shri Gopalan Nair (2nd respondent) was eligible to hold the post of Headmaster in the said school when he vacated that post to undergo the T. T. C. course and Shri Musali Guptan (appellant, who was an assistant teacher in the same school was given the post of Headmaster when Shri Gopalan Nair (2nd respondent) had gone for his training course and this was done in order to procure recognition for the school. From this it is evident that the above arrangement was only on a temporary measure) Further, it is seen that Shri Gopalan Nair (2nd respondent) is senior to Shri Musali Guptan (appellant).

(3.)In view of the facts stated in the preceding paragraph it becomes clear that Shri Gopalan Nair (2nd respondent) is the legitimate claimant for the post and therefore Government are pleased to order that Shri Gopalan Nair (2nd respondent) will be appointed as Headmaster of the above school reverting Shri Musali Guptan (appellant) as the assistant with effect from the date of Shri Gopalan Nair (2nd respondent) rejoined the school."
3. It is admitted that the Government gave no notice of the petition to the appellant and that he was not heard in the matter. The error is fundamental; it involves a violation of natural justice, and Ext. P 2 has to be quashed on that ground.

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