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Judgment
Huluvadi G. Ramesh
Petitioner is challenging the order at annexure A passed by the 4th respondent / Commissioner withdrawing the approval granted for the appointment of petitioner on 8.6.1988.
Heard the counsel representing the parties as also the Government Pleader.
According to the petitioner''s counsel, way back in the year 1988, the petitioner''s appointment to the post of Lecturer in English had been approved. Thereafter, pursuant 10 filing of another writ petition in 9629/1988, the approval granted was withdrawn and the same was once again question by the petitioner in WP 16305/1988. The said writ petition was allowing during May 1996.
Further, it transpires, the withdrawal of the approval has been set aside and, based on the observations made in the subsequent writ petition, the approval granted was sought to be withdrawn. The dispute was regarding inter se seniority between the petitioner and the 6th respondent.
However in view of the submission made by the petitioner''s counsel that petitioner is not claiming any seniority or claiming any stakes except that she is challenging the withdrawal of the approval granted earlier, the 6th respondent need not have any grievance against the petitioner.
Further, it is also seen the Commissioner issues the notice of withdrawal of approval of the petitioner''s appointment but, the Secretary takes a decision even without hearing the petitioner on the earlier approval granted by the very same authority. Before any such decision is taken by the Secretary, petitioner ought to have been heard in the matter. There is also non-compliance of principles of natural justice in that, the petitioner has not been given opportunity to have her say in the matter.
In that view of the matter, impugned order at annexure A is quashed. Matter is referred to the Secretary, Education Department for disposal of the same in accordance with law after affording opportunity to the petitioner with regard to she approval granted for the appointment of petitioner, It is made clear, for the present, the 6th respondent will not be having any grievance. However, if any decision is taken adverse to the interest of the 6th respondent, then he can move this Court or any other appropriate authority.
With the above observation, petition is disposed of.