IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 1ST JULY 2010 / 10TH ASHADHA 1932 WA.No. 14 of 2008() ------------------- AGAINST THE JUDGEMENT IN WPC.7758/2005 Dated 01/12/2007 .................... APPELLANT/PETITIONER ------------------------ C.BENCY, LPSA, MLP SCHOOL, ARATTUPUZHA NORTH P.O., THRIKKUNNAPUZHA, ALAPPUZHA. BY ADV. SRI.V.G.SANKARAN RESPONDENTS: --------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. THE ASSISTANT EDUCATIONAL OFFICER, AMBALAPPUZHA. 4. THE MANAGER, MLP SCHOOL, ARATTUPUZHA NORTH P.O., THRIKKUNNAPUZHA, ALAPPUZHA. R1 TO R3 BY G.P. SRI.T.B.RAMANI THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 01/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. .................................................................... Writ Appeal No.14 of 2008 .................................................................... Dated this the 1st day of July, 2010. JUDGMENT Ramachandran Nair, J. Writ Appeal remains defective on account of failure to serve notice on respondents. However, when the matter was taken up today, we have gone through the judgment and have heard counsel for the appellant. Appellant suffered a service break during 2002-2003 for want of vacancy in the school. However, the manager did a manipulation by cancelling the shift system that was there in the first standard to increase the strength of the teachers. Admittedly abolition of shift system is permissible only with the prior approval of the Government. The manager has obviously done it to retain the post for the appellant to continue in the post she was holding. Though the appellant's case is that the Government ought to have approved abolition of shift system, the learned Single Judge held that it was at the discretion of the Government to abolish the shift system, if the same involve additional financial commitment for the Government. 2 We are completely in agreement with the finding of the learned Single Judge. Therefore, without issuing notice to respondents we dismiss the Writ Appeal as devoid of any merit. C.N.RAMACHANDRAN NAIR Judge P.S.GOPINATHAN Judge pms