IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE B.P.RAY TUESDAY, THE 22ND MARCH 2011 / 1ST CHAITHRA 1933 WA.No. 1849 of 2010() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.12425/2008 Dated 08/12/2009 .................... APPELLANT(S): RESPONDENTS 1 & 2 IN THE W.P.(C)1 ----------------------------------------- 1. STATE OF KERALA,REP.BY SECRETARY TO GOVERNMENT,GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,TRIVANDRUM. 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION,HOUSING BOARD BUILDING,SANTHI NAGAR, THIRUVANANTHAPURAM. BY MS.T.B.REMANI, GOVERNMENT PLEADER RESPONDENT(S): PETITIONER & RESPONDENTS 3 TO 5 IN W.P.(C) --------------------------------------------------------- 1. P.V.LEENA,HIGHER SECONDARY SCHOOL TEACHER,VIVEKACHANDRIKA HIGHER SECONDARY SCHOOL, PUTHENVELIKKARA,PIN-683512. 2. THE MANAGER,VIVEKANCHANDRIKA SABHA HIGHER SECONDARY SCHOOL,PUTHENVELIKKARA, PIN-683512. 3. V.C.DEEPAMOL,HIGHER SECONDARY SCHOOL TEACHER(MATHS),VIVEKANCHANDRIKA HIGHER SECONDARY SCHOOL,PUTHENVILIKKARA,PIN-683512. 4. C.A.SABU,HIGHER SECONDARY SCHOOL TEACHER VIVEKACHANDRIKA HIGHER SECONDARY SCHOOL, PUTHENVELIKKARA,PIN-683512. ADV. SRI.N.D.PREMACHANDRAN FOR R1 MR.B.GOPAKUMAR FOR R2 MR.K.JAJU BABU FOR R4 MR.PAULSON THOMAS FOR R4 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 22/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR, & BHABANI PRASAD RAY, JJ. -------------------------------------------- W.A. No. 1849 of 2010 -------------------------------------------- Dated this the 21st day of March, 2011 JUDGMENT Ramachandran Nair, J. The judgment under appeal is one issued by the learned single Judge on a Writ Petition filed by the first respondent, who was found to be eligible to be appointed as Higher Secondary School teacher on transfer from High School in preference to the third respondent in the Writ Appeal who was appointed by the Manager. State filed another Writ Appeal against the relief granted by the learned single Judge in favour of the third respondent herein. We have allowed that Writ Appeal vide separate judgment in WA 816 of 2010 and connected cases. So far as this Writ Appeal is concerned, State has no case that first respondent is not entitled to the relief granted by the learned single Judge that is right of appointment as HSS teacher with effect from 1.8.2003. So much so, Writ Appeal does not survive as against the first respondent, since the impugned judgment is set aside in so far as the third respondent is concerned. We dismiss this Writ Appeal upholding W.A.No.1849/2010 2 the direction of the learned single Judge directing the appellant to grant the relief granted by the learned single Judge to the first respondent. Sd/- (C.N.RAMACHANDRAN NAIR) Judge. Sd/- (BHABANI PRASAD RAY) Judge. kk