IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 18TH AUGUST 2008 / 27TH SRAVANA 1930 WP(C).No. 24751 of 2008(V) ----------------------------------------------- PETITIONER: ------------------ O.K. AFSAL, S/O. MOHAMMED, ARABIC TEACHER, KURUVATTOOR WEST A.L.P SCHOOL, KIZHAKKUMURI.P.O, KUNNAMANGALAM, KOZHIKODE. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: ----------------------- 1. THE ASSISTANT EDUCATIONAL OFFICER, KUNNAMANGALAM, KOZHIKODE. 2. THE MANAGER, KURUVATTOOR WEST A.L.P SCHOOL, KUZHAKKUMURI.P.O, KUNNAMANGALAM, KOZHIKODE. R1 BY GOVERNMENT PLEADER SRI.K.R.SABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC:24751 OF 2008: APPENDIX: PETITIONER'S EXHIBITS: EXT.P1:--TRUE COPY OF THE ORDER IN G.O.(P) NO.104/08/G.EDN. DATED 10-6-2008. EXT.P2:--TRUE COPY OF THE REPRESENTATION SENT BY THE 2ND RESPONDENT TO THE IST RESPONDENT. EXT.P3:--TRUE COPY OF THE REPRESENTATION SENT BY THE PETITIONER TO THE IST RESPONDENT. RESPONDENT'S EXHIBITS: NIL K.T. SANKARAN, J. ............................................................................ W.P.(C) No. 24751 OF 2008 ............................................................................ Dated this the 18th August, 2008 J U D G M E N T The petitioner was appointed as Arabic Teacher in Kuruvattoor West A.L.P. School, of which the second respondent is the Manager. The petitioner states that the appointment was in a regular vacancy which arose consequent on the retirement of one P.K. Muhammed on 31.03.2008. The petitioner states that though he was appointed on the re-opening day, viz., 02.06.2008, the Manager had issued the appointment order on 04.06.2008 after observing the performance of the petitioner. The Manager has forwarded the papers relating to the approval of appointment of the petitioner to the first respondent. Thereafter, the Manager has submitted Ext. P2 representation to the Assistant Educational Officer, Kunnamangalam (first respondent) requesting to approve the appointment of the petitioner . The petitioner has also sent Ext. P3 representation to the Assistant Educational Officer with the same request. It is stated in Ext. P3 that G.O.(P)No. 104/08/G.Edn dated 10.06.2008 is not applicable in so far as the appointment of the petitioner is concerned. The grievance of the petitioner is that the Assistant Educational Officer has not passed an order on the question of approval of appointment of the petitioner. 2. The reliefs prayed for in the Writ Petition are the following: “a) Issue a writ of mandamus or any other appropriate writ order or direction, directing the 1st respondent to approve the appointment of the petitioner as expeditiously as possible. b) to declare that the provisions of Ext.P1 cannot be applied in the case of the Petitioner as it has no retrospective effect. W.P.(C) No. 24751 OF 2008 2 c) to grant such other reliefs prayed for from time to time including cost of these proceedings. ” 3. Learned counsel for the petitioner submits that for the present, the petitioner would be satisfied if a direction is issued to the Assistant Educational Officer, Kunnamangalam to consider and pass orders on the question of approval of appointment of the petitioner. Learned Government Pleader submitted that the Assistant Educational Officer would pass appropriate orders within a period of two months. In the facts and circumstances of the case, the Writ Petition is disposed of directing the Assistant Educational Officer Kunnamangalam to consider the question of approval of appointment of the petitioner as Arabic Teacher as expeditiously as possible and at any rate within a period of two months . It is made clear that I have not expressed any opinion on the merits of the contentions raised by the petitioner. The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the Assistant Educational Officer, Kunnamangalam. The petitioner shall also send a copy of the judgment by registered post to the Manager (second respondent) and shall produce proof of the same before the Assistant Educational Officer. K.T. SANKARAN, JUDGE. lk