In a significant decision, the Kerala High Court has ruled that termination orders must be delivered via registered post to be legally valid, emphasizing that delivery through ordinary post is insufficient. This ruling came during a case involving a former high school teacher, Jiji John Cherian, who contested his termination from an aided school.
Justice Harisankar V Menon, referencing Section 27 of the General Clauses Act, underscored that only registered post meets the legal threshold for valid service. The Court found that Cherian’s termination notice, sent by ordinary mail, did not satisfy the law’s requirements. As a result, the Court invalidated the termination and ruled in Cherian’s favor.
Cherian, who served as a High School Assistant (Physical Science), initially took legal action when the school management refused to mark his duty leave despite valid certifications. During the proceedings, Cherian discovered he had been suspended without prior notification. This led to a second legal challenge, where he questioned the legitimacy of his suspension and subsequent termination.
Though the government argued that a termination notice was sent in April 2021, the Court found no evidence that Cherian had been properly informed. Given that Cherian retired in May 2021, the Court determined that no further disciplinary action could proceed.
The Court ruled that Cherian was entitled to his salary and all retirement benefits, including his pension, retroactive to his official retirement date.
