IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 15TH OCTOBER 2010 / 23RD ASWINA 1932 RP.No. 946 of 2010() -------------------- (AGAINST THE JUDGEMENT IN WA.2791/2009 Dated 20/08/2010) REVIEW PETITIONER/3RD PARTY ------------------------------------------------- K.M.NISHA,W/O.K.B.SHYALADASAN,AGED 25 YRS LOWER PRIMARY SCHOOL ASSISTANT,K.S.U.P.SCHOOL, THOTTIPAL,THRISSUR-680 310. BY ADV. SRI.V.A.MUHAMMED RESPONDENTS/APPELLANT & RESPONDENTS -------------------------------------- 1. THE MANAGER,KARSHAKA SAMAJAM UPPER PRIMARY SCHOOLS(KSUPS),P.O.THOTTIPAL-680310, THOTTIPAL,THRISSUR DISTRICT. 2. SMT.P.A.BINDU,PALLATH HOUSE, P.O.THOTTIPAL-680 310.PARAPPUKARA VIA, IRINJALAKUDA,THRISSUR DISTRICT. 3. THE ASSISTANT EDUCATIONAL OFFICER, IRINJALAKUDA-680 121. 4. THE DISTRICT EDUCATIONAL OFFICER, IRINJALAKUDA-680 121. 5. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT,GENERAL EDUCATION(K) DEPARTMENT,THIRUVANANTHAPURAM-1. 6. SMT.M.K.SUNAJA,UPPER PRIMARY SCHOOL ASSISTANT (UPSA),KARSHAKA SAMAJAM UPPER PRIMARY SCHOOL,P.O.THOTTIPAL-680 310,IRINJALAKUDA. 7. SMT.V.R.SREEREKHA,UPPER PRIMARY SCHOOL ASSISTANT(UPSA)KARSHAKA SAMAJAM UPPER PRIMARY SCHOOL,P.O.THOTTIPAL-680310,IRINJALAKUDA, THRISSUR DISTRICT. 8. SMT.REKHA.M.C,LOWER PRIMARY SCHOOL ASSISTANT(LPSA)KARSHAKA SAMAJAM UPPER PRIMARY SCHOOL.P.O,THOTTIPAL-680310,IRINJALAKUDA, THRISSUR DISTRICT. R3,4&5 BY G.P. SRI.DILEEP MOHAN THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 15/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. .................................................................... R.P. No.946 of 2010 in Writ Appeal No.2791 of 2009 .................................................................... Dated this the 15th day of October, 2010. ORDER Gopinathan, J. Review petitioner, a third party to the judgment, would contend that she got appointment on 1.6.2009 in the school managed by the first respondent and because of the judgment dated 20.8.2010 in Writ Appeal No.2791/2009, second respondent would get notional seniority over the review petitioner and that the relief was granted without hearing the review petitioner. With this plea she sought for review of the judgment. We heard learned counsel appearing for the review petitioner and perused the impugned judgment. 2. We see that by Ext.P5 judgment in W.P.(C) No.11172/2008 dated 19.12.2008 this court directed the first respondent to appoint the second respondent, a claimant under Rule 51B of Chapter XIV A, K.E.R., in pursuance of Ext.P4 order dated 22.10.2007 produced therein issued by the District Educational Officer. Thereafter the first R.P. 946/2010 2 respondent moved a Review Petition before the learned Single Judge and then a revision before the Government. The revision was dismissed by Ext.P7 order. Assailing Ext.P7, the first respondent filed W.P.(C) No.21384/2009. The W.P.(C) was dismissed by judgment dated 12.11.2009 against which Writ Appeal was filed. The review petitioner was appointed on 1.6.2009 by the first respondent ignoring the direction contained in Ext.P5 judgment dated 19.12.2008. While dismissing W.A. No.2791/2009, the first respondent was directed to enforce Ext.P5 judgment and to give notional seniority to the second respondent. The review petitioner who obtained an order of appointment from the first respondent subsequent to Ext.P5 is not entitled to claim seniority over the second respondent. The order of appointment of the review petitioner made by the first respondent ignoring the writ issued by this court in Ext.P5 judgment would not enure any service benefit or entitlement to the review petitioner as against the second respondent. Since the so called appointment of the review petitioner was subsequent to the writ issued by this court in Ext.P5, there is no merit in the contention that she was not given a right R.P. 946/2010 3 of audience. The Review Petition is devoid of any merit. Accordingly it is dismissed. No costs. C.N.RAMACHANDRAN NAIR Judge P.S.GOPINATHAN Judge pms