The Kerala High Court recently held that termination orders must be communicated to an employee via registered post for the same to be considered valid, and service via ordinary post will not be sufficient [Jiji John v State of Kerala & ors]

Justice Harisankar V Menon cited Section 27 of the General Clauses Act to hold that only a document served via registered post can be deemed to be valid service.

"Thus under Section 27 of the General Clauses Act, it is only in a situation where the document is sought to be served by “registered post”, it can be seen that there is a valid service. Here, admittedly there is no such service or attempt to serve by “registered post”. Even according to the respondents, the Manager has only sent the communication/termination order through 'ordinary post'," the judge explained.

The Court was hearing a petition filed by a former high school teacher contesting his termination from service.

The termination notice was allegedly sent to the petitioner by the school manager through ordinary post.

Jiji John Cherian, who served as a High School Assistant (Physical Science) at an aided school, initially approached the Court challenging the school management’s refusal to mark his duty leave despite valid certificates.

While the petition was pending, Cherian learned that he was suspended from service without any formal communication and the same was sanctioned by an order dated October 17, 2017, by the District Educational Officer, Kottayam.

This led him to file a second petition before the Court challenging the order of suspension.

The High Court stayed the order of suspension on November 27, 2017.

The petitioner later retired from service on May 29, 2021 and he was allowed to amend his earlier petition.

By way of the amended petition, he claimed that the proceedings cannot continue since he had already retired from service.

Cherian argued that Rule 3, Part III of the Kerala Service Rules (KSR) prohibit disciplinary proceedings against a retired employee.

He also sought directions to respondents to pay salary and other consequential benefits till his retirement on May 29, 2021 and also all terminal benefits due to him including pension from that date.

The petitioner also sought payment of his salary and other benefits till his date of retirement on May 29, 2021 and pension due thereafter.

The government in response produced before the Court, an order dated March 30, 2021, issued by the District Educational Officer, Kottayam, terminating Cherian’s services, effective from February 16, 2017.

This order, it was contended, was served on Cherian on April 29, 2021.

However, Cherian claimed that he had not received any formal communication regarding the termination, and this failure to inform him rendered the termination invalid.

He pointed out that unless and until the order of termination is “validly served”, the same cannot be acted upon.

In this regard, he relied upon the provisions of Section 27 of the General Clauses Act, 1977 and contended that in the present case, the despatch by the Manager was only by “ordinary post” which does not confirm to the mandate under Section 27.

The Senior Government Pleader relied upon the alleged service of the termination order by the Manager on April 29, 2021 in the address stated in the statement through “ordinary post”. Therefore, he said that the petitioner was not entitled to succeed.

After analysing the submissions and facts, the Court observed that since no valid termination order was served in the manner prescribed by law within three years of Cherian’s retirement, no further proceedings could be continued against him.

"Therefore, I am of the opinion that there is no intimation of the termination to the petitioner, in a manner known to law," the Court said.

Further, the Court held that Cherian was entitled to his salary and other benefits until the date of his retirement on May 29, 2021 and terminal benefits including pension from the date of retirement.

Jiji John Cherian was represented by advocates Kaleeswaram Raj, A Aruna, Thulasi K Raj and Varun C Vijay.

Senior government pleader Justin Jacob appeared for the state.

[Read Judgment]