Point of Law: It is well settled that declaration of law of this nature cannot have effect of resurrecting stale and time barred claims.

JUDGMENT :

ALEXANDER THOMAS, J.

The subject matter of challenge in this intra-court appeal, instituted under Sec.5(i) of the Kerala High Court Act, is the judgment rendered by the learned Single Judge on 14.12.2019, dismissing the instant writ petition (civil), W.P.(C) No.8612/2016.

2. The appellant herein is the petitioner in the W.P.(C) and the respondents herein are the respondents in the W.P.(C).

3. Heard Sri. R. T. Pradeep, learned counsel appearing for the appellant in the WA, Sri. T. K. Vipindas, learned Senior Government Pleader, appearing for official respondents 1 to 4 in the writ appeal and Sri. V. A. Muhammed, learned counsel appearing for contesting respondent No.5 herein.

4. The prayers in the instant writ petition (civil), W.P.(C). No.8612/2016 are as follows:-

“i) To call for the records leading upto Exhibits P1, P5 & P6 orders and quash the same by the issuance of a Writ of Certiorari or any other appropriate Writ, order or direction

ii) To declare that the denial of approval of appointment of the petitioner as Lab

Assistant in the school of the 5th respondent school from her actual date of appointment is violative of the fundamental rights guaranteed to her under Articles 14, 16, 19(1)(g) and 21 of the Constitution of India.

iii) To issue a Writ of Mandamus commanding the respondents to approve the appointment of the petitioner as Lab Assistant in the school of the 5th respondent from the date of her actual appointment with all consequential benefits including salary, allowances and other monetary benefits.

iv) To issue such other writs, orders or directions as this Hon’ble Court may deem fit and proper in the circumstances of the case.”

5. The case set up in the writ proceedings is, broadly, as follows: That, the petitioner was initially temporarily appointed as Lab Assistant in the 5th respondent aided Higher Secondary School on 08.06.2011. That, later she was regularly appointed in the 75% direct recruitment quota in the post of Lab Assistant in the 5th respondent Aided Higher Secondary School as per order dated 17.05.2013, issued by the 5th respondent, as against the post of Lab Assistant sanctioned for the said school as per Anx.I G.O.(MS) No.165/2013/G.Edn. dated 15.05.2013. That, 5th respondent Manager had forwarded the petitioner's appointment for approval of the 4th respondent-Regional Deputy Director of Higher Secondary Education, who, by Ext.P1 order dated 10.09.2014, had declined to grant approval for the same on the ground that the appointment of the petitioner to the second post of Lab-Assistant in the School by way of direct recruitment cannot be approved as such second post has to be set apart for by-transfer appointment from eligible and qualified Class IV employees of the 5th respondent school, going by the prescriptions in the Government norms, etc. The petitioner, being aggrieved by Ext.P1 rejection order, had preferred Ext.P2 appeal dated 17.10.2014 before the 2nd respondent-Director of Higher Secondary Education, which was followed by Ext.P3 representation dated 05.01.2016 and that the said appellate plea of the petitioner has been rejected as per Ext.P5 order dated 11.02.2016, issued by the 3rd respondent on behalf of the 2nd respondent, reiterating the same ground of rejection as in Ext.P1. It is these orders at Exts.P1 & P5, refusing to grant approval to the appointment of the petitioner as Lab Assistant in the 5th respondent School in the 75% direct recruitment quota, that is under challenge in these writ proceedings.

6. The learned Single Judge after hearing both sides held that, going by the prescriptions in Rule 6 of Chapter XXXII of the Kerala Education Rules, (KER), the appointment of a Lab Assistant can be made by direct recruitment only in the absence of qualified candidates under the by-transfer quota. Further, the learned Single Judge has also noted the stand of official respondents 2 to 4, as made out in Exts.P1 & P5, that the appointment to the second post of Lab Assistant in Aided H