IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR.JUSTICE. P.S.GOPINATHAN MONDAY, THE 19TH DAY OF DECEMBER 2011/28THAGRAHAYANA 1933 WA.No. 1899 of 2011 ( ) ----------------------- AGAINST THE JUDGMENT IN OP.38646/2002 DATED 30-05-2011 APPELLANT/PETITIONER: ------------ A.SOBHANA, W/O. R.PRASANTH, AGED 31 YEARS UPPER PRIMARY SCHOOL ASSISTANT SARVAJANA HIGH SCHOOL, PUTHUCODE PALAKKAD DISTRICT. BY ADVS.SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENTS/RESPONDENTS -------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT, SECRETARIAT TRIVANDRUM 695 001. 2. THE DIRECTOR OF PUBLIC INSTRUCTION JAGATHY, TRIVANDRUM 695 014. 3. THE DISTRICT EDUCATIONAL OFFICER PALAKKAD DISTRICT 678 001. 4. THE MANAGER SARVAJANA HIGH SCHOOL, PUTHUCODE PALAKKAD DISTRICT.678 687 BY GOVERNMENT PLEADER, SRI.C.K.SHERIN THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 19-12-2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. --------------------------------- W.A.No.1899 OF 2011 --------------------------------- Dated this the 19th day of December, 2011 J U D G M E N T ~~~~~~~~~~~ C.N.Ramachandran Nair, J. The appeal is filed against the judgment of the learned Single Judge declining to grant retrospectivity to appellant's appointment as an UPSA from 16.7.1996. 2. We have heard the learned counsel for the appellant and also gone through the judgment. It is seen that without noticing that there is no regular vacancy the appellant's appointment was regularised with effect from 16.7.1996. However, it was later noticed that regular vacancy arose only from 1.10.1997, which is a post arising on account of resignation of one Sri.K.P.Gopinathan. Since regular vacancy was available only from 1.10.1997, approval of appellant's appointment with back date was corrected though the orders which was challenged before the learned Single Judge. We notice that the learned Single Judge besides upholding the W.A.No.1899/2011 2 orders also sated that salary paid to the appellant for period prior to regularisation of her appointment also should not be recovered from her as she has worked as a teacher. The Writ Appeal is filed for further relief for retrospective regularisation of appointment with effect from 16.7.1996. We do not know under what provision appellant can seek regularisation of appointment when there was no regular post. In the above circumstance, we do not find any merit in the appeal and the same is accordingly dismissed. (C.N.RAMACHANDRAN NAIR, JUDGE) (P.S.GOPINATHAN, JUDGE) ps/19/12