IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 1ST JANUARY 2009 / 11TH POUSHA 1930 OP.No. 32392 of 2001(F) ----------------------- PETITIONER(S): --------------- P.M.MINI, JUNIOR LECTURER (MATHEMATICS), M.A.M.O.COLLEGE, MUKKOM, KOZHIKODE. BY ADV. SRI.KRB.KAIMAL (SR.) SRI.ANIL K.NAIR RESPONDENT(S): --------------- 1. THE DIRECTOR OF COLLEGIATE EDUCATION, TRIVANDRUM. 2. DY. DIRECTOR OF COLLEGIATE EDUCATION, KOZHIKODE. 3. THE PRINCIPAL, M.A.M.O.COLLEGE, MUKKOM, KOZHIKODE. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 1.1.2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.No. 32392/01. APPENDIX PETITIONER(S)' EXHIBITS: P1. COPY OF THE ORDER DTD.4.1.97 BY THE MANAGER OF THE COLLEGE. P2. COPY OF THE ORDER DTD.6.12.97 BY THE MANAGER. P3. COPY OF THE REPRESENTATION DTD.3.2.2000 TO THE GOVT. P4. COPY OF THE ORDER DTD.23.2.2001 BY R1. P5. COPY OF THE JUDGMENT DTD.10.4.2001 IN O.P.NO.12598/2001. P6. COPY OF THE ORDER DTD.17.5.2001 BY R2. P6A. COPY OF THE STATEMENT ANNEXURE TO P6. Sdk+ ///True copy/// P.A. To Judge S.SIRI JAGAN, J. ================== O.P.No. 32392 of 2001 ================== Dated this the 1st day of January, 2009 J U D G M E N T The petitioner was appointed as a Junior Lecturer in Mathematics (Part Time) with effect from 6.1.1997. At the time of appointment itself there was a full time post available and the petitioner was actually working 10 hours per week as applicable to a full time lecturer. Recognising the mistake, the manager, by Ext.P2 order, appointed the petitioner as Full Time Lecturer with retrospective effect from 6.1.1997. Petitioner's grievance is that full time appointment with effect from 6.1.1997 is not being approved by the educational authorities. Pursuant to the representation filed by the petitioner in this regard Ext.P4 order of the Director of Collegiate Education was passed whereby it was held that the appointment of the petitioner as Part Time Lecturer in Mathematics (Pre-degree) with effect from 6.1.1997 to 1.6.1997 and as Junior Lecturer from 2.6.1997 can be approved on production of necessary proposal for approval subject to the conditions stipulated in Govt. Orders, G.O(Ms)171/97/H.Edn. dated 8.12.1997 and G.O(Ms).344/98/G.Edn. dated 29.8.1998. o.p.32392/01 2 Since Ext.P4 order was not implemented the petitioner filed O.P.No. 12598/2001 before this Court and this Court, by Ext.P5 judgment, directed the Deputy Director of Collegiate Education to take follow up action on Ext.P4 order and to pass appropriate orders within one month from the date of receipt of a copy of that judgment. Pursuant thereto, Ext.P6 order has been passed implementing Ext.P4 order. The petitioner's contention now is that the petitioner should have been paid salary as Junior Lecturer for the period from 6.1.1997 to 1.6.1997 also as full time appointment. I am not inclined to entertain the claim of the petitioner in so far as in O.P.No.12598/01, the petitioner sought only implementation of Ext.P4 order. In Ext.P4 order itself what has been approved is only the appointment of the petitioner as Part Time Junior Lecturer in Mathematics (Pre-degree) with effect from 6.1.1997 to 1.6.1997 and as Junior Lecturer from 2.6.1997. The petitioner has not challenged Ext.P4 order in the earlier original petition. The petitioner could have and ought to have challenged Ext.P4 in the earlier original petition. Having failed to do so, principles of constructive resjudicata apply to the petitioner's claim. Therefore, the petitioner cannot have o.p.32392/01 3 anything more than what has been granted by Ext.P4 order, which has been granted by Ext.P6. Therefore, I do not find any merit in the original petition and accordingly, the same is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. To Judge S.SIRI JAGAN, J. ================ O.P.No. 32392 of 2001-F ================ J U D G M E N T 1st January, 2009