IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 30TH JULY 2008 / 8TH SRAVANA 1930 WP(C).No. 22964 of 2008(H) -------------------------------------- PETITIONER: ------------------ SHAMSUDHEEN.P.T., U.P.S.A, A.M.H.S POOVAMPAYI, PO.KINALUR, BALUSSERY KOZHIKODE. BY ADV. SRI.P.C.SASIDHARAN RESPONDENTS: ---------------------- 1. DIRECTOR OF PUBLIC INSTRUCTIONS OFFOCE OF THE DPI, TRIVANDRUM 2. DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DDE, KOZHIKODE. 3. DISTRICT EDUCATIONAL OFFICER THAMARASSERY 4. MANAGER, A.M.H.S, POOVAMPAYI KINALUR, BALUSSERY. GOVERNMENT PLEADER SRI.AJ.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/07/2008, ALONG WITH W.P.(C). NO.22965 OF 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C)Nos.22964/2008-H & 22965/2008-H = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 30th day of July, 2008. JUDGMENT 1.The petitioners in these two writ petitions were appointed as UPSAs on 5-6-2006 and 1-6-2007 respectively in the school managed by the 4th respondent. Their appointments have not been approved. This is the grievance. 2.The reason for denial of approval by the District Educational Officer and the Deputy Director is on the ground that one Sri.Abhilash Raj has staked claim for appointment under Rule 51B of Chapter XIV-A KER and WP(C).No.8388/2004 is pending. 3.I called for the file in WP(C).8388/2004. It is seen that the relief sought for by Sri.Abhilash Raj in that case is only in relation to his claim for the post of a Peon. Therefore, the pendency WP(C)22964 & 22965/08 -: 2 :- of that writ petition will not affect the claim of the petitioners for approval of their appointments. For the aforesaid reasons, the Director of Public Instruction is directed to take up the case of the petitioners herein and finally decide on their entitlement without referring to the pendency of WP(C).No.8388/2004. This shall be done within a period of 45 days from the date of receipt of a revision petition from the petitioner in WP(C).22965/2008 since Ext.P8 in WP(C).22964/2008 filed by the petitioner therein is already pending before the DPI. These writ petitions are ordered accordingly. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/