IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 25TH JANUARY 2008 / 5TH MAGHA 1929 WA.No. 189 of 2008() -------------------- AGAINST THE JUDGEMENT IN WPC.28569/2006 Dated 31/10/2006 .................... APPELLANT: PETITIONER IN WPC ---------------------------- KUMARI T.SUDHA, HSA (MATHS), MMHSS UPPODU, EAST KALLADA, P.O.KOLLAM, (PRESENTLY ON PROTECTION TO M.G.T.HIGH SCHOOL, MUKHATALA, KOLLAM.) BY ADV. SRI.M.V.THAMBAN RESPONDENTS: RESPONDENTS IN WPC ------------------------------- 1. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR (EDUCATION), KOLLAM. 3. THE DISTRICT EDUCATIONAL OFFICER, KOLLAM. 4. STATE OF KERALA, REP. BY THE SECRETARY TO GOVT., DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 5. P.JAYADEVI AMMA, UPSA, M.M. H.S.UPPOODU, EAST KALLADA P.O., KOLLAM. R1 TO R4 BY GOVT. PLEADER SRI. BENNY GERVASIS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 25/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.Balakrishnan Nair & P.N.Ravindran, JJ. ======================== W.A.No.189 of 2008 ======================== Dated this the 25rd day of January, 2008. JUDGMENT Balakrishnan Nair,J. The appellant while working as an U.P.S.A. in the Mahatmaji Memorial High School, Uppoodu was promoted as H.S.A. (Maths) with effect from 1.6.1989. Her appointment in the cadre of U.P.S.A. was remaining unapproved at the relevant time. Her appointment as H.S.A. (Maths) was approved with effect from 12.12.1991. The appellant's claim for approval of her appointment in the cadre of U.P.S.A. was rejected by the District Educational Officer by Ext.P1 order dated 27.11.1995. The appellant claims that she filed Ext.P2 appeal against it on 18.12.1995. It was never disposed of. She submitted a reminder on 24.6.2006 pointing out her claim and also about the appeal filed by her in 1995. The said representation was rejected by Ext.P4 holding that her claim is stale and the same cannot be entertained now. 2. While so, the petitioner realised that the fifth respondent filed Ext.P5 revision before the Government claiming approval of her appointment as U.P.S.A. from 1.6.1989 to 11.12.1991. If that prayer of the fifth respondent is granted, the appellant apprehends that she may be affected. Therefore, she filed Ext.P6 WA 189/08 -: 2 :- revision against Ext.P4 and thereafter, the writ petition was filed praying inter alia for a direction to consider and pass orders on Ext.P6. The learned single Judge dismissed the writ petition holding that the claim of the petitioner is stale. 3. At the time of hearing of this appeal, the learned counsel appearing for the appellant prayed for permission to withdraw the writ petition itself and permit her to intervene in Ext.P5 proceedings, so that she may place the correct facts before the Government. Permission is granted and the writ petition is dismissed as withdrawn and the judgment under appeal is set aside. The petitioner's right, if any, which could be raised before the Government, can be raised by her while Ext.P5 is heard by the Government, provided the said petition has not so far been disposed of. Writ appeal is disposed of as above. K.Balakrishnan Nair, Judge. P.N.Ravindran, Judge. ess 25/1