IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 3RD NOVEMBER 2008 / 12TH KARTHIKA 1930 OP.No. 14150 of 1996(H) ----------------------- PETITIONER(S): --------------- T.RAJESWARI, HIGH SCHOOL ASSISTANT, H.E.H.M.M.HIGH SCHOL, MATTANCHERRY, KOCHI-2. BY ADV. SMT.M.CHANDRALEKHA RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY ITS CHIEF SECRETARY, SECRETARIAT, TRIVANDRUM. 2. D.P.I., TRIVANDRUM. 3. DY. DIRECTOR OF EDUCATION, ERNAKULAM. 4. D.E.O., ERNAKULAM. 5. MANAGER, H.E.H.M.M. HIGH SCHOOL, MATTANCHERRY, KOCHI-2. ADV. SRI.B.K.PURUSHOTHAMAN SHRI.A.M.SHAFFIQUE (SR), G.P. SMT.K.R.DEEPA THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 03/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.NO.14150/96 APPENDIX PETITIONER'S EXHIBITS: P1. COPY OF THE APPOINTMENT ORDER DTD.3.6.95 BY R5. P2. COPY OF THE ORDER DTD.4.8.87. P3. COPY OF THE ORDER DTD.3.5.96 OF R2. P4. COPY OF THE APPOINTMENT ORDER DTD.5.12.95. P5. COPY OF THE APPOINTMENT ORDER DTD.12.2.96. P6. COPY OF THE CIRCULAR DTD.10.2.95 BY R2. P7. COPY OF THE REPRESENTATION TO R2 DTD.14.11.95. P8. COPY OF THE NOTICE DTD.14.3.96 OF R2. P9. COPY OF THE ORDER DTD.31.7.86 BY THE D.E.O. P10. COPY OF THE ORDER DTD.15.7.87 -DO- P11. COPY OF THE ORDER DTD.23.7.88 -DO- P12. COPY OF THE ORDER DTD.15.7.89. P13. COPY OF THE ORDER DTD.28.7.90 -DO- P14. COPY OF THE ORDER DTD.14.8.91 -DO- P15. COPY OF THE ORDER DTD.16.7.92. P16. COPY OF THE ORDER DTD.31.7.93 -DO- P17. COPY OF THE ORDER DTD.13.7.94. P18. COPY OF THE ORDER DTD.29.7.97. P19. COPY OF THE ORDER DTD.22.7.98. P20. COPY OF THE ORDER DTD.31.3.2000 P21. COPY OF THE CIRCULAR DTD.13.5.85. P22. COPY OF THE JUDGMENT IN O.P.NO.2990/2001 OF THIS COURT. P23. COPY OF THE COMPLAINT DTD.23.4.01. P24. COPY OF THE ORDER DATED 18.5.01 BY D.E.O. P25. COPY OF THE APPEAL DTD.21.6.01. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== O.P.No.14150 of 1996 ================== Dated this the 3rd day of November, 2008 J U D G M E N T The petitioner was appointed as High School Assistant (Mathematics) in a retirement vacancy, by Ext.P1 order. Later on, on account of fall in divisions, she was relieved from service with effect from 14.7.1987. The petitioner submits that at that time the petitioner was promised by the 5th respondent manager that whenever a vacancy arises in the post of HSA (Mathematics), the petitioner would be appointed to that post. A vacancy arose on 7.6.1993, in which one Smt.Jolly Bhaskaran, High School Assistant (Physical Science) was accommodated. One Smt.Rajeswary another retrenched HSA (Maths) of the school challenged that appointment before the Director of Public Instruction, who, by Ext.P3 order, confirmed the appointment of Smt.Jolly Bhaskaran and rejected the petition filed by Smt.Rajeswary. Ext.P3 order is dated 3.5.1996. The petitioner submits that the petitioner became aware of the appointment of Smt.Jolly Bhaskaran only when the petitioner received Ext.P3 order. Therefore, the petitioner filed Ext.P7 representation before o.p.14150/96 2 the Director of Public Instruction challenging the appointment of Smt.Jolly Bhaskaran. Since there was no response, the petitioner filed this original petition challenging Ext.P3 order and seeking appointment in the school in the vacancy which arose on 7.6.1993 as HSA (Maths), which was filled up by accommodating Smt.Jolly Bhaskaran as HSA (Physical Science). 2. I have heard the learned Government Pleader also. 3. Admittedly the vacancy arose on 7.6.1993. The petitioner was working in the same school for the period from 5.12.1995 to 9.2.1996 and from 10.2.1996 to 8.3.1996 in a leave vacancy. Therefore, she must have been aware that Smt.Jolly Bhaskaran was working in the school subsequent to her retrenchment. The petitioner has not chosen to challenge the appointment of Smt.Jolly Bhaskaran for three years in so far as the petitioner filed this original petition only on 2.8.1996. Her explanation that she knew about the appointment only on getting Ext.P3 order does not appear to be convincing. Further, although challenge is against the appointment of Smt.Jolly Bhaskaran, she has not been made a party to the original petition. As such, the original petition suffers from the vices of delay, laches and non- o.p.14150/96 3 joinder of necessary parties. For these reasons, I am not inclined to entertain this original petition and accordingly, the same is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge o.p.14150/96 4 S.SIRI JAGAN, J. ================ O.P.No.14150 of 1996-H ================ J U D G M E N T 3rd November, 2008 o.p.14150/96 5