IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:- THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.VINOD CHANDRAN TUESDAY, THE 20TH DECEMBER 2011 / 29TH AGRAHAYANA 1933 W.A.No.1918 of 2011 -------------------------------------- AGAINST THE JUDGEMENT IN W.P.(C).NO.428/2010-C, DATED 25/01/2010 .................... APPELLANT/PETITIONER:- --------------------------------------- ARUN GILBERT.G., ANU BHAVAN, UCHAKKADA P.O., THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.P.N.MOHANAN RESPONDENTS/RESPONDENTS:- ------------------------------------------------ 1. SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM - 695 001. 3. DISTRICT EDUCATIONAL OFFICER, THIRUVANANTHAPURAM - 695 001. 4. MANAGER, BNV VOCATIONAL & HIGHER SECONDARY SCHOOL, VOCATIONAL HIGHER SECONDARY SCHOOL FOR GIRLS, THIRUVALLAM - 695 027, THIRUVANANTHAPURAM. R1 TO R3 BY GOVERNMENT PLOEADER SRI.GEORGE MECHERIL. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 20/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:- W.A.NO.1918 OF 2011 APPENDIX APPELLANT'S ANNEXURES:- ----------------------------------------- ANNEXURE A1 - TRUE COPY OF THE CASE SUMMARY RECORDS OF THE APPELLANT RECEIVED FROM REGIONAL CANCER CENTRE, THIRUVANANTHAPURAM. ANNEXURE A2 - TRUE COPY OF JUDGMENT DATED 25.1.2010 IN W.P.(C). NO.428/2010. (true copy) C.N.Ramachandran Nair & K.Vinod Chandran, JJ. ---------------------------------------- W.A.No.1918 of 2011 ----------------------------------------- Dated this, the 20th day of December, 2011 JUDGMENT C.N.Ramachandran Nair,J.: The Writ Appeal is filed against a judgment of the learned Single Judge declining to grant the relief prayed for, i.e. approval of appointment of the appellant as a full-time Menial in the school with effect from 1.7.2005 as against 4.2.2006 with effect from which the appellant's appointment was approved. 2. We have heard counsel for the appellant and the learned Government Pleader. 3. After hearing the appellant's counsel and on going through the judgment of the learned Single Judge, we do not find any merit in the Writ Appeal because appellant's initial appointment on 1.7.2005 was to the vacancy that fell due on account of promotion of another person, which was later cancelled. Consequently, the appellant's appointment could not be approved. However, later when vacancy arose, the appellant was given appointment with effect from the date on which the vacancy fell due, i.e. 4.2.2006. It is with effect from this date that the appellant's appointment stands approved. We W.A.No.1918 of 2011 - 2 - do not know on what basis the appellant can seek approval of appointment during the period the post was held by another person. Consequently, the Writ Appeal fails and it is accordingly dismissed. Sd/- C.N.Ramachandran Nair, Judge Sd/- K.Vinod Chandran, Judge. vku/- - true copy -