IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 2ND JULY 2010 / 11TH ASHADHA 1932 WP(C).No. 20548 of 2010(P) -------------------------- PETITIONERS: --------------- 1. THE MANGER,A.K.M.H.S & L.P.S. MALA, THRISSUR. 2. DYJI JOSEPH,D/O.JOSEPH, NOW RESIDING AT ARICATT HOUSE, ALOOR PO,THRISSUR. BY ADV. SRI.P.V.JAYACHANDRAN RESPONDENT(S): --------------- 1. THE DISTRICT EDUCATIONAL OFFICER, IRINJALAKUDA,THRISSUR- 680 171. 2. THE ASSISTANT EDUCATIONAL OFFICER, MALA,THRISSUR- 680 732. R1 & R2 BY GOVERNMENT PLEADER, SRI. DILIP MOHAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J. ---------------------------------------- WP (C) No. 20548 of 2010 ---------------------------------------- Dated this the 2nd day of July, 2010 J U D G M E N T ........................... The first petitioner is the Manager of A.K.M.H.S. &L.P.S., Mala in Thrissur District. The first petitioner appointed the 2nd petitioner as Lower Primary School Assistant with effect from 02.06.2008 as per Exhibit P1. The said appointment was effected against the vacancy resulted on account of promotion of one Smt. P. Rani. Varghese as High School Assistant (Social Studies). In fact, the said Rani P. Varghese was promoted against a leave vacancy. The said promotion of Smt. Rani P. Varghese was not approved by the second respondent. 2. The contention of the petitioner is that subsequently, Smt. Rani P. Varghese was appointed as UPSA in the School against an existing vacancy of UPSA and the said appointment was approved by the 2nd respondent. In the said circumstance, the first petitioner has submitted Exhibit P3 application before the 2nd 2 WP (C) No. 20548 of 2010 respondent, requesting to approve the appointment of the 2nd petitioner. So far, no action has been taken thereon. 3. Evidently, the first petitioner has appointed the 2nd petitioner as LPSA held by Smt. Rani P. Varghese. Though the appointment of Smt. Rani P. Varghese was not approved in the post of HSA as UPSA against the existing vacancy. Her appointment was approved by the 2nd respondent. Therefore, in view of the said subsequent development, the reason that the promotion of said Rani P. Varghese as HSA (Social Studies) was not approved shall not stand in the way of the approval of the appointment of the 2nd petitioner. In this circumstance, this Writ Petition is disposed of, with a direction to the 2nd respondent to consider and pass orders on Exhibit P3 expeditiously, at any rate, within one month from the date of receipt of a copy of this judgment. C.T. RAVIKUMAR, JUDGE. rkc