IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 22ND JANUARY 2008 / 2ND MAGHA 1929 OP.No. 25839 of 2002(A) ----------------------- PETITIONER: ------------ ANILKUMAR R.S., HINDI TEACHER, ST.MARY'S U.P.SCHOOL, AMBALAKKARA. BY ADV. SRI.T.M.ABDUL LATHEEF RESPONDENTS: ------------- 1. DEPUTY DIRECTOR OF EDUCATION, KOLLAM. 2. ASSISTANT EDUCATIONAL OFFICER, VELIYAM. 3. MANAGER, ST.MARY'S U.P.SCHOOL, AMBALAKKARA. 4. BEENA.K.THOMAS, KODIVILA, OOMMANNOOR, KOLLAM. BY SENIOR GOVERNMENT PLEADER, SRI.T.T.MUHAMOOD SRI.M.V.THAMBAN THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 22/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP NO.25839/2002 ORDER ON CMP NOS.43929/2002 & 7780/2003 IN OP NO.25839/2002 DISMISSED Sd/- 22.1.2008 S.SIRI JAGAN, JUDGE APPENDIX PETITIONER'S EXHIBITS: EXT. P1: COPY OF THE APPOINTMENT ORDER DATED 1-6-1999 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. EXT. P2: COPY OF THE ORDER PASSED BY THIS HONOURABLE COURT IN CMP NO.3994/99 IN W.A.NO.1570/99 DATED 19-7-1999. EXT. P3: COPY OF THE JUDGMENT PASSED BY THIS HONOURABLE COURT IN W.A. NO.1570 OF 1999 DATED 1-12-1999. EXT. P4: COPY OF THE ORDER NO.B2/21849/2002 DATED 17-2-2001 OF THE FIRST RESPONDENT. EXT. P5: COPY OF THE ORDER DATED 6-6-2001 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. EXT. P6: COPY OF THE REQUISITION NO.19/2001 DATED 7-6-2001 OF THE 3RD RESPONDENT. EXT. P7: COPY OF THE DECLARATION OF THE 3RD RESPONDENT. EXT. P8: COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT DATED 3-7-2001. EXT. P9: COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 15-7-2002. RESPONDENT'S EXHIBITS: EXT. R4(A): COPY OF ORDER NO.F6/4496/2002/DPI DATED 18.5.2002 ISSUED BY THE D.P.I. EXT. R4(B): COPY OF ORDER NO.C-3508/02/K.DIS DATED 4.9.02 ISSUED BY THE A.E.O. VELIYAM /TRUE COPY/ P.A. TO JUDGE JP S.SIRI JAGAN, J. ======================= O.P. No. 25839 of 2002 (A) ======================= Dated this the 22nd day of January, 2008 JUDGMENT The petitioner and 4th respondent are vying with each other for appointment to the post of Hindi Teacher in St. Mary's U.P. School, Ambalakkara with effect from 1.6.1999. After a series of litigation, the manager appointed the petitioner with effect from 6.6.2001 which was approved and she is continuing as such. In the meanwhile she apprehends that the educational authorities may approve the service of the 4th respondent for the period from 16.7.1999 to 3.1.2000 and therefore, filed this original petition seeking the following reliefs: "i) To call for the record relating to Exts. P-1 to P-9 and to issue a writ of mandamus commanding the Respondents 1 and 2 not to approve the claim of the 4th Respondent for appointment of Part Time (Hindi) Teacher for the period from 16-7-1999 to 3-1-2000 and also to direct the Respondents 1 and 2 not to disburse salary to the 4th Respondent for the said period. ii) To issue a writ of mandamus commanding the Respondents 1 and 2 to consider the claim of the Petitioner by Ext.P-9 and O.P. No. 25839/2002/A -2- not to approve the service of the 4th Respondent from 16-7- 99 to 3-1-2000; iii) Any other appropriate writ, order or direction also may be granted to meet out justice under the circumstances of the above case." 2. No stay order has been granted in this original petition. If the approval has actually been granted then the petitioner should challenge that order also which is not seen done in this original petition. Therefore, I do not think it necessary to consider the contentions in this original petition at this point of time. Suffice to observe that if the approval of the service of the 4th respondent actually materialises, it would be open to the petitioner to challenge the same appropriately. Accordingly, the original petition is closed with such liberty. S.SIRI JAGAN, JUDGE jp