IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 26TH MAY 2009 / 5TH JYAISHTA 1931 OP.No.13156 of 2001(N) --------------------------- PETITIONER: -------------- E.K. AMINU, AGED 38, W/O. K.A. ISMAIL, KOLLIYIL HOUSE, ERIYAD P.O., THRISSUR DISTRICT. BY MR.M.A.KHADIRKUNJU, ADVOCATE. RESPONDENTS: ------------------ 1. THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE ASSISTANT EDUCATIONAL OFFICER, KODUNGALLUR. 3. THE MANAGER, V.V.K.M.L.P SCHOOL, THIRUVALLUR, (THE SECRETARY, KODUNGALLUR MUNICIPALITY) KODUNGALLUR. 4. THE HEAD MISTRESS, V.V.K.M.L.P SCHOOL, THIRUVALLUR, KODUNGALLUR. BY MR.S.VIJAYAKUMAR, ADVOCATE. MS. T.B. REMANY, GOVERNMENT PLEADER. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 26/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.No.13156/2001 Order on C.M.P.No.20856/2001 in O.P.No.13156/2001 Dismissed. 26.05.2009 Sd/- T.R. RAMACHANDRAN NAIR, JUDGE. A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF THE APPROVED APPOINTMENT ORDER DTD.6.7.00. EXT. P2 : COPY OF APPROVED APPOINTMENT ORDER DTD.23.12.00. EXT. P3 : COPY OF G.O.(P) No.110/2000/G.Edn DTD. 3.4.00. EXT. P4 : COPY OF THE RELIEVING ORDER OF 3RD RESPONDENT DTD. 30.3.2001. EXT. P5 : COPY OF THE JUDGMENT IN W.A.1919/2000 DTD. 22.1.01. EXT. P6 : COPY OF the REPRESENTATION OF THE PETITIONER DTD. 10.2.2001. EXT. P7 : COPY OF the ORDER IN C.M.P. No.11689/98 IN O.P.6586/98 DTD 28.5.98. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- O.P. No.13156 OF 2001 --------------------------------------- Dated this the 26th day of May, 2009. J U D G M E N T The petitioner herein is aggrieved by Exhibit P4 by which on expiry of a period of 179 days, he was relieved from the service by the Secretary of the Municipality, from the school managed by the Municipality. 2. The petitioner was appointed as Part-Time Arabic Teacher for a period of 179 days, that is from 06.07.2000 to 31.12.2000 which was approved as per Exhibit P1 by the Educational Officer, including and upto the period 22.12.2000. Again he was appointed from 23.12.2000 to 30.03.2001, which was approved as per Exhibit P2. The petitioner submits that in the light of Exhibit P3, the petitioner has got a further claim for continuance as the post in question is a permanent one. 3. The nature of the appointment is only temporary. The petitioner was not appointed on a permanent basis. The vacancy O.P. No.13156/01 2 arose in the post Part-Time Arabic Teacher. Therefore, the question is whether the petitioner has got a right to continue on a permanent basis. Since the petitioner was appointed only for a period of 179 days through the Employment Exchange and after having accepted that appointment, the petitioner cannot turn round and claim that he has been appointed on a permanent basis. There is nothing to show that the petitioner was appointed on a permanent basis in the said vacancy. It is clear from Exhibit P1 that the petitioner was appointed for a period of 179 days. In that view of the matter, Exhibit P4 does not suffer from any infirmity. 4. The petitioner has got a case that he has got a right to claim future appointment in the school. Regarding the said right, it is premature to take a decision herein in the light of the fact that there is nothing to show that a vacancy has arisen to which the petitioner has claimed any appointment. Therefore, this original petition fails and the same is dismissed. If the petitioner has got a claim that he has got a O.P. No.13156/01 3 right to be appointed in any future vacancy or any other subsisting grievances, he can raise it in appropriate forum and the dismissal of the original petition will not prejudice his right to move the appropriate authority. T.R. RAMACHANDRAN NAIR JUDGE smp