IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 1ST MARCH 2010 / 10TH PHALGUNA 1931 WP(C).No. 6443 of 2010(E) ------------------------- PETITIONER(S): --------------- P.S.SHEEJA, AGED 39 YEARS, W/O.KUSALAKUMARAN, NANDANAM, KOCHAMKULAM, THENKURUSSI P.O., PALAKKAD. BY ADV. SRI.P.VIJAYA BHANU SRI.V.A.JOHNSON (VARIKKAPPALLIL) RESPONDENT(S): --------------- 1. THE ASSISTANT EDUCATION OFFICER, KUZHALMANNAM, PALAKKAD. 2. THE DISTRICT EDUCATIONAL OFFICER, PALAKKAD. 3. THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION (J) DEPARTMENT, THIRUVANANTHAPURAM. GOVT. PLEADER SHRI.SANDESH RAJA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 6443 of 2010 ================== Dated this the 1st day of March, 2010 J U D G M E N T The petitioner was appointed as an L.P.S.A. in Kannanur Junior Basic School on 1.7.2008 in a permanent vacancy on resignation of a teacher. However, her appointment was approved only with effect from 1.6.2009 onwards. The manager of the school filed an application for approval of the petitioner's post on permanent basis with effect from 1.7.2008. That application was rejected by the A.E.O., Kuzhalmannam. The petitioner again requested the A.E.O. to reconsider the matter in the light of the Division Bench decision of this Court in Unni Narayanan v. State of Kerala [2009 (2) KLT 604]. That resulted in Ext.P5 order of the A.E.O rejecting the claim. The petitioner now seeks the following relief: “i) issue a writ of mandamus or such other writ order or direction commanding the 1st respondent to approve the appointment of the petitioner as an Assistant Teacher in (L.P.S.A.) at Kannanur Junior Basic School on a permanent basis with effect from 01.07.2008.” I do not think that the petitioner can seek this relief without first challenging the approval order and Ext.P5, which she has not done in this case. Even otherwise, the petitioner's remedy lies in filing an appeal against Ext.P5 before the appellate authority under the Kerala Education Rules. Therefore, without prejudice to that right, this writ petition is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2