Kerala High Court
K.Vamadevan Pillai vs The State Of Kerala on 12 November, 2008
Author: Koshy
Bench: J.B.Koshy, Thomas P.Joseph
IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 1529 of 2008()
1. K.VAMADEVAN PILLAI, H.S.A (HINDI)
... Petitioner
Vs
1. THE STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. THE DIRECTOR OF PUBLIC INSTRUCTION,
3. THE DEPUTY DIRECTOR OF EDUCATION,
4. THE DISTRICT EDUCATIONAL OFFICER,
5. THE MANAGER, J.M.H.S.,
For Petitioner :SRI.M.V.BOSE
For Respondent : No Appearance
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :12/11/2008
O R D E R
J.B. Koshy & Thomas P.Joseph, JJ.
-------------------------------------- W.A. No. 1529 of 2008
--------------------------------------- Dated this the 12th day of November, 2008 Judgment Koshy,J.
Appellant/Petitioner was appointed as L.G. (Hindi) Teacher in the fifth respondent's school on 26.11.1984. His appointment was rejected by the D.E.O. As per G.O. (Ms) NO.193/82/G.Edn. dated 20.12.1982 protected H.S.As. ought to have been appointed as UP/LPSAs and it was made mandatory by further Government Order G.O. (Ms) No.140/86/G.Edn. dated 14.8.1986. Another protected teacher was appointed by the Manager to that vacancy. It is true that mandatory nature of Government order G.O.(Ms) No.193/82/G.Edn. dated 20.12.1982 was subsequently withdrawn. Petitioner was given appointment when those orders were in force by the Manager who appointed another, in the above vacancy, a protected teacher. Two teachers cannot simultaneously work in that post and Government cannot pay salary to two teachers against one sanctioned post. Petitioner was subsequently appointed as HSA on 13.1.1987. The learned Judge also noticed that petitioner is not entitled to salary during the W.A. No. 1529/2008 2 period 26.11.1984 to 12.1.1987 as approval of appointment of those periods were rejected by Ext.P6 order dated 15.11.1988. That was an appealable order. No appeal was filed. Further, the writ petition cannot be entertained due to laches on the part of the petitioner as Ext.P6 order passed in 1988 is challenged in 2007 only. We fully endorse the view of the learned single Judge. Hence, this appeal is dismissed.
J.B.Koshy Judge Thomas P. Joseph Judge vaa W.A. No. 1529/2008 3 J.B. KOSHY AND THOMAS P.JOSEPH,JJ.
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Judgment Date:12th November,2008