IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 22ND JANUARY 2009 / 2ND MAGHA 1930 WA.No. 2411 of 2008(A) --------------------------------- AGAINST THE JUDGEMENT IN W.P.(C).NO.31741/2007 DATED 31/10/2008 .................... APPELLANT/ 5TH RESPONDENT: ----------------------------------------------- MANAGER, MOTHER THERESA HIGH SCHOOL, MUHAMMA, ALAPPUZHA-688525. BY ADVS. MR.BOBY MATHEW, MR.E.T.MATHEW. RESPONDENTS: ----------------------- 1. K.K.PRADEEP, AGED 45 YEARS, S/O.LATE KESAVAN, POZHIKKAL KANDATHIL HUSE, ARATTUVAZHY WARD, ALEPPEY NORTH P.O., ALAPPUZHA-688 007. DRAWING TREACHER, MOTHER THERESA HIGH SCHOOL, MUHAMMA, ALAPPUZHA. 2. STATE OF KERALA, REP. BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-1. 3. DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 4. DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA- 688001. 5. DISTRICT EDUCATIONAL OFFICER, CHERTHALA- 688525. R2 TO R5 BY GOVT. PLEADER SMT. R. BINDU, R1 BY ADV. MR. C.S. MANU. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 22/01/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. K. BALAKRISHNAN NAIR & K.SURENDRA MOHAN, JJ. ------------------------------------------------------------------------------------ W.A NO: 2411 OF 2008 ----------------------------------------------------------------------------------- Dated this the 22nd January, 2009. JUDGMENT BALAKRISHNAN NAIR, J. The fifth respondent in the writ petition is the appellant. The first respondent was the writ petitioner. 2. The writ petitioner sought certain reliefs against the respondents 2 to 5 herein concerning payment of salary to him from the academic year 1993-94 onwards. The appellant supported the first respondent/writ petitioner by filing a counter affidavit in that writ petition. Ultimately the writ petition was dismissed. It is submitted that the first respondent/writ petitioner has already preferred an appeal against it. The present appeal is filed by a respondent praying that the writ petition may be allowed. We feel that the said appeal is not maintainable. If the appellant was aggrieved by the non-payment of salary to the first respondent, he could have filed a writ petition. In the absence of such a writ petition the present appeal filed praying to allow a writ petition filed by somebody else is not maintainable. The appellant can support the first respondent when he moves the writ appeal filed by W.A. 2411/2008 2 him against the judgment under appeal. Accordingly the writ appeal is dismissed without prejudice to the contentions of the appellant. K.BALAKRISHNAN NAIR Judge K. SURENDRA MOHAN Judge jj K.K.DENESAN & V. RAMKUMAR, JJ. ---------------------------------------------------- M.F.A.NO: ----------------------------------------------------- JUDGMENT Dated: