IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 8TH FEBRUARY 2008 / 19TH MAGHA 1929 OP.No. 3334 of 2002(V) ---------------------- PETITIONER: ---------------- BINDU K.P., W/O. NARENDRAN, AGED 30 YEARS, KIZHAKKAYIL HOUSE, THIRUVODE P.O., NADUVANNUR, KOZHIKODE DISTRICT. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA RESPONDENTS: ------------- 1. STATE OF KERALA REP. BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE. 4. DISTRICT EDUCATIONAL OFFICER, VADAKARA. 5. MANAGER, NADUVANNUR HIGHER SECONDARY SCHOOL, NADUVANNUR, KOZHIKODE DISTRICT. BY ADV. SRI.M.RAMESH CHANDER SRI.M.VIJAYAKUMAR GOVERNMENT PLEADER SMT. M.R. SREELATHA THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 08 /02/2008 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP.No. 3334 of 2002 ORDERS ON C.M.P.NO.6034/02, C.M.P.NO.16499/02 & I.A.NO.12884/03 IN O.P.NO.3334/02 DISMISSED 8.2.2008 SD/- S. SIRI JAGAN, JUDGE. APPENDIX EXT.P1: COPY OF APPOINTMENT OF PETITIOENR AS HSA APPROVED BY R4. EXT.P1(a): COPY OF REPRESENTATION DTD 20.7.2001 SUBMITTED BY THE PETITONER BEFORE R5. EXT.P2: COPY OF REPRESENTATION DTD 8.9.2001 SUBMITTED BY THE PETITIOENR BEFORE R4. EXT.P3: COPY OF REPRESENTATION DTD 15.10.2001 SUBMITTED BY THE PETITIONER BEFORE R1. EXT.P4: COPY OF JUDGMENT OF THIS HON'BLE COURT IN O.P.NO. 34216/2001 DTD 13.11.2001. EXT.P5: COPY OF ORDER NO.B2-9932/01 DTD 14.1.2002 ISSUED BY R4. EXT.P6: COPY OF GO(RT)1632/00/G.EDN. DATED TRIVANDRUM 25.4.2000 ISSUED BY R1. EXT.P7: COPY OF GOVERNMENT ORDER NO.GO(MS)11/02/G.EDN. DTD 17.1.2002 ISSUED BY R4. EXT.P8: COPY OF ORDER OF APPOINTMENT DTD 6.3.2003 ISSUED BY R5 TO THE PETITIONER. EXT.P9: COPY OF REPRESENTATION DTD 26.3.2003 SUBMITTED BEFORE R4 BY THE PETITIONER. 5TH RESPONDENT'S EXHIBITS EXT.R5(a): COPY OF REPRESENTTION TO THE DIRECTOR OF PUBLIC INSTRUCTION DTD 5.10.2002. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------------ O.P.No.3334 OF 2002 ---------------------------------------- Dated this the 8th day of February, 2008 JUDGMENT The petitioner staked a claim for appointment to the post of HSA (SS) in the 5th respondent’s School in recognition of her claim under Rule 51A of Chapter XIVA of the Kerala Education Rules. The District Educational Officer by Ext.P5 order, directed the manager to issue appointment order appointing Smt. K.P. Bindu as HSA (SS) in the vacancy which had arisen on 4.7.2001. The petitioner submits that the same has been subjected to further revision etc and it has been finally decided in favour of the petitioner. The petitioner has therefore filed this original petition seeking the following reliefs: “i) issue a writ of mandamus or any other appropriate writ, order or direction commanding the 5 th respondent to implement the direction contained in Ext.P5 forthwith by appointing the petitioner in the vacancy of Teaching assistant (Social Science) occurred on 4.7.2001; ii) issue a writ of mandamus or any other appropriate writ, order or direction commanding the 5 th respondent to pay all service benefits as if O.P.No.3334/02 2 the petitioner were continued in service with effect from 4.7.2001.” 2. Along with I.A.12884/03 the petitioner herself has produced Ext.P8 appointment order, whereby the petitioner has been appointed as High School Assistant (SS) in the 5th respondent’s School with effect from 6.3.2003 in the vacancy which has arisen with effect from 4.7.2001. That appointment was approved by the Educational Officer as is evident from Ext.P8 itself. The petitioner has not chosen to challenge that appointment and approval with effect from 6.3.2003, without which the petitioner cannot raise any claim for appointment with effect from 4.7.2001. In the above circumstances, no further relief can be granted to the petitioner in the original petition and accordingly the same is dismissed. S. SIRI JAGAN, JUDGE Acd O.P.No.3334/02 3