IN THE HIGH COURT OF KERALA AT ERNAKULAM
OP.No. 14150 of 1996(H)
1. T.RAJESWARI
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SMT.M.CHANDRALEKHA
For Respondent :SRI.B.K.PURUSHOTHAMAN
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :03/11/2008
O R D E R
S.SIRI JAGAN, J.
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O.P.No.14150 of 1996
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Dated this the 3rd day of November, 2008
J U D G M E N T
The petitioner was appointed as High School Assistant
(Mathematics) in a retirement vacancy, by Ext.P1 order. Later on,
on account of fall in divisions, she was relieved from service with
effect from 14.7.1987. The petitioner submits that at that time
the petitioner was promised by the 5th respondent manager that
whenever a vacancy arises in the post of HSA (Mathematics), the
petitioner would be appointed to that post. A vacancy arose on
7.6.1993, in which one Smt.Jolly Bhaskaran, High School
Assistant (Physical Science) was accommodated. One
Smt.Rajeswary another retrenched HSA (Maths) of the school
challenged that appointment before the Director of Public
Instruction, who, by Ext.P3 order, confirmed the appointment of
Smt.Jolly Bhaskaran and rejected the petition filed by
Smt.Rajeswary. Ext.P3 order is dated 3.5.1996. The petitioner
submits that the petitioner became aware of the appointment of
Smt.Jolly Bhaskaran only when the petitioner received Ext.P3
order. Therefore, the petitioner filed Ext.P7 representation before
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the Director of Public Instruction challenging the appointment of
Smt.Jolly Bhaskaran. Since there was no response, the petitioner
filed this original petition challenging Ext.P3 order and seeking
appointment in the school in the vacancy which arose on
7.6.1993 as HSA (Maths), which was filled up by accommodating
Smt.Jolly Bhaskaran as HSA (Physical Science).
2. I have heard the learned Government Pleader also.
3. Admittedly the vacancy arose on 7.6.1993. The
petitioner was working in the same school for the period from
5.12.1995 to 9.2.1996 and from 10.2.1996 to 8.3.1996 in a
leave vacancy. Therefore, she must have been aware that
Smt.Jolly Bhaskaran was working in the school subsequent to her
retrenchment. The petitioner has not chosen to challenge the
appointment of Smt.Jolly Bhaskaran for three years in so far as
the petitioner filed this original petition only on 2.8.1996. Her
explanation that she knew about the appointment only on getting
Ext.P3 order does not appear to be convincing. Further, although
challenge is against the appointment of Smt.Jolly Bhaskaran, she
has not been made a party to the original petition. As such, the
original petition suffers from the vices of delay, laches and non-
o.p.14150/96 3
joinder of necessary parties. For these reasons, I am not
inclined to entertain this original petition and accordingly, the
same is dismissed.
Sd/-
sdk+ S.SIRI JAGAN, JUDGE
///True copy///
P.A. to Judge
o.p.14150/96 4
S.SIRI JAGAN, J.
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O.P.No.14150 of 1996-H
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J U D G M E N T
3rd November, 2008
o.p.14150/96 5