IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 12TH NOVEMBER 2008 / 21ST KARTHIKA 1930 WA.No. 1529 of 2008() ------------------------------ AGAINST THE JUDGEMENT/ORDER IN WPC.26351/2007 DATED 05/09/2007 .................... APPELLANT/PETITIONER: ------------------------------------- K.VAMADEVAN PILLAI, H.S.A (HINDI) J.M.H.S.SASTHAMCOTTA, PORUVAZHI P.O., KOLLAM. BY ADV. SRI.M.V.BOSE RESPONDENTS/RESPONDENTS: ---------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM. 4. THE DISTRICT EDUCATIONAL OFFICER, KOTTARAKKARA. 5. THE MANAGER, J.M.H.S., SASTHAMCOTTA, PORUVAZHI P.O., KOLLAM. SR. GOVERNMENT PLEADER SRI.BENNY GERVACIS FOR R1 TO R4 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 12/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ J.B. Koshy & Thomas P.Joseph, JJ. -------------------------------------- W.A. No. 1529 of 2008 --------------------------------------- Dated this the 12th day of November, 2008 Judgment Koshy,J. Appellant/Petitioner was appointed as L.G. (Hindi) Teacher in the fifth respondent's school on 26.11.1984. His appointment was rejected by the D.E.O. As per G.O. (Ms) NO.193/82/G.Edn. dated 20.12.1982 protected H.S.As. ought to have been appointed as UP/LPSAs and it was made mandatory by further Government Order G.O. (Ms) No.140/86/G.Edn. dated 14.8.1986. Another protected teacher was appointed by the Manager to that vacancy. It is true that mandatory nature of Government order G.O.(Ms) No.193/82/G.Edn. dated 20.12.1982 was subsequently withdrawn. Petitioner was given appointment when those orders were in force by the Manager who appointed another, in the above vacancy, a protected teacher. Two teachers cannot simultaneously work in that post and Government cannot pay salary to two teachers against one sanctioned post. Petitioner was subsequently appointed as HSA on 13.1.1987. The learned Judge also noticed that petitioner is not entitled to salary during the W.A. No. 1529/2008 2 period 26.11.1984 to 12.1.1987 as approval of appointment of those periods were rejected by Ext.P6 order dated 15.11.1988. That was an appealable order. No appeal was filed. Further, the writ petition cannot be entertained due to laches on the part of the petitioner as Ext.P6 order passed in 1988 is challenged in 2007 only. We fully endorse the view of the learned single Judge. Hence, this appeal is dismissed. J.B.Koshy Judge Thomas P. Joseph Judge vaa W.A. No. 1529/2008 3 J.B. KOSHY AND THOMAS P.JOSEPH,JJ. ------------------------------------- W.A.No. 1529/2008 ------------------------------------- Judgment Date:12th November,2008