IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 27TH SEPTEMBER 2011 / 5TH ASWINA 1933 WA.No. 1371 of 2011 --------------------- AGAINST THE JUDGEMENT IN IA.14834/2011 IN WP(C) NO.23151/2011 Dated 06/09/2011 .................... APPELLANT/PETITIONER/PETITIONER: ------------------------------------------ JITHA BALAGOPAL, HIGH SCHOOL ASSISTANT(SS), IRITTY HIGHER SECONDARY SCHOOL, P.O., KEEZHUR, KANNUR DISTRICT-670 703. BY ADV. SRI.DEVAN RAMACHANDRAN RESPONDENTS/RESPONDENTS/RESPONDENTS: ---------------------------------------------------- 1. THE DISTRICT EDUCATIONAL OFFICER, THALASSERY, KANNUR DISTRICT-670 101. 2. K.T. BHARATHI, PARATHIBHA, KEESHUR AMSOM DESOM, P.O. KEEZHUR, IRITTY-670 703. 3. THE MANAGER, IRITTY HIGHER SECONDARY SCHOOL, P.O. KEEZHUR, IRITTY-670 703. 4. THE HEAD MASTER, IRITTY HIGH SCHOO,, P.O. KEEZHUR, IRITTY-670 703. R1 BY SENIOR GOVT. PLEADER, SRI.BENNY GERVACIS. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 27/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, C.J. & P.R.Ramachandra Menon, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A. No. 1371 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of September, 2011 JUDGMENT J.Chelameswar, C.J. Aggrieved by an order dated 06.09.2011 in I.A. No.14834 of 2011 in W.P.(C) No.23151 of 2011, the unsuccessful petitioner therein preferred the instant appeal. 2. The dispute in the writ petition is regarding the legality of the appointment of the appellant herein as High School Assistant in the Iritty Higher Secondary School, Keezhur, Kannur District for the various reasons recorded in the order under appeal, a learned Judge of this Court declined to grant any relief in favour of the appellant herein in the abovementioned I.A. The Interlocutory Application was filed with the prayer as follows: “For the reasons stated in the accompanying affidavit, it is most humbly prayed that this Hon'ble Court may be pleased to pass an order directing the 4th respondent to permit the petitioner to sign in the attendance register in the interest of justice.” 3. While declining to grant the relief as sought in the I.A., the learned Judge, however, thought it fit to direct that the W.A. No. 1371 of 2011 -:2:- writ petition itself be heard at an early date and therefore directed to hear the writ petition in the third week of October, 2011. Any further examination on the merits of the claim of the petitioner in the instant appeal is likely to have a prejudicial effect on rights of one of the parties or the other in the writ petition. In view of the fact that the writ petition is already directed to be heard at an early date, we do not see any reason to interfere with the order under appeal. Therefore, the Writ Appeal is dismissed at the admission stage. J.Chelameswar, Chief Justice. P.R.Ramachandra Menon, Judge. ttb