IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 31ST JANUARY 2011 / 11TH MAGHA 1932 WP(C).No. 3072 of 2011(H) ------------------------- PETITIONER(S): --------------- KUTTAN.K.A., AGED 49 YEARS, S/O.APPU CHETTY, RESIDING AT KARIPPOR HOUSE, KIDNGANAD P.O., SULTHAN BATHERY. BY ADV. SRI.A.V.JAMES SRI.P.DALBI EMMANUEL RESPONDENT(S): --------------- 1. THE UNION OF INDIA, THE SECRETARY TO GOVERNMENT, NEW DELHI. 2. THE ASST.SUPERINTENDENT OF POSTS, KALPETTA SUB DIVISION, POST OFFICE BUILDING, KALPETTA-673 121. 3. THE POST MASTER, KIDANGANAD POST OFFICE, SULTHAN BATHERY, PIN-673 592. ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI FOR R1-3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.3072 of 2011 ================== Dated this the 31st day of January, 2011 J U D G M E N T The petitioner belongs to a backward community. He was engaged to work as a Postman (EDDA) for the period from 1997 to 1999. But his services were terminated in 1999 and in his place, one lady, by name, Sujatha was appointed. According to the petitioner, respondents 2 and 3 told the petitioner that there is no vacancy at present and when there is a vacancy, he can be appointed. But he was not so appointed. Subsequently, the services of the said Smt.Sujatha were regularised. Thereafter, there arose a vacancy of Postman in Kidanganad Post Office. The petitioner filed Ext.P1 complaint before the Taluk Legal Services Authority complaining that respondents 2 and 3 are not appointing the petitioner to the said vacancy, to which he is entitled to. To the said complaint, the 2nd respondent filed Ext.P2 reply before the Secretary of the Taluk Legal Services Authority. In the above circumstances, the petitioner has filed this writ petition seeking the following reliefs: “i) To issue a writ of mandamus or any other appropriate writ order or direction directing the respondents to allow the Ext.P3 representation with (sic) a time framed by this Hon'ble Court. ii) To issue a writ of mandamus or any other appropriate writ order or direction directing the respondents to appoint the petitioner as a Postman in the Kidanganad Post Office.” 2. Admittedly, the petitioner's services were terminated as w.p.c.3072/11 2 early as in 1999. The petitioner did not challenge the same. As is clear from Ext.P2, the petitioner's engagement was not after complying with the procedure prescribed. Therefore, his services were terminated and a lady, Smt.Sujatha, was appointed after complying with the procedure prescribed. The petitioner could also have very well participated in the selection process. The petitioner has no case that he was originally appointed after complying with the procedure prescribed. Insofar as the petitioner was not appointed after complying with the procedure prescribed and his services were terminated as early as in 1999, I do not think that the petitioner can seek to re-open the matter at this point of time. If there is any vacancy as stated by the petitioner, as and when the respondents resort to selection procedure, the petitioner can also participate in the same, if he is duly qualified. Without prejudice to that right, this writ petition is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge