IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 24TH AUGUST 2009 / 2ND BHADRA 1931 WP(C).No. 16602 of 2009(U) -------------------------- PETITIONER(S): --------------- K.HYMAVATHI,W/O.RAMACHANDRAN,MANAGER, A.U.P.S,CHEMMALA,POST CHEMBALASSERY,PULAMANTHOLE, MALAPPURAM DISTRICT. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENT(S): --------------- 1. THE ASST.EDUCATIONAL OFFICER, PERINTALMANNA,MALAPPURAM DISTRICT. 2. THE DISTRICT EDUCATIONAL OFFICER, MALAPPURAM. 3. THE STATE OF KERALA REP.BY IT'S SECRETARY,DEPARTMENT OF EDUCATION,SECRETARIAT, TRIVANDRUM. GOVERNMENT PLEADER SHRI A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.16602/2009-U ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 24th day of August, 2009 J U D G M E N T The Manager of A.U.P School, Chemmala, Malappuram District is the petitioner herein. One teacher, Smt.Ajitha has availed leave without allowance to join her spouse abroad for the period from 27/06/2008 to 31/05/2009. Subsequently, the leave was extended for five years from 01/06/2009 onwards. 2. By Ext.P1, Smt.Jiji K.K. was appointed as U.P.S.A. That was not approved on regular basis in the light of the G.O.(P).No.104/08/G.Edn., dated 10/06/2008. Ext.P2 is the said communication. Thereafter, the petitioner submitted a reply as per Ext.P3 seeking approval on regular basis and the Assistant Educational Officer rejected the same by Ext.P4. Even though an appeal was filed, the District Educational Officer informed the petitioner that the same cannot be entertained as per the Government Order dated 10/06/2008. 3. Along with I.A.No.9608/2009, the petitioner has produced Exts.P7 and P7(a), which are the appointment order in respect of W.P.(C). No.16602/2009 -:2:- Smt.Jiji K.K. for the period from 01/06/2009 to 31/05/2014 and the request of the Manager seeking approval of the same. No orders have been passed on the same, so far. 4. The learned counsel for the petitioner submitted that in the light of the Division Bench judgment of this Court in Unni Narayanan v. State of Kerala (2009 (2) KLT 604), the order Ext.P2 cannot be sustained. 5. In the light of the fact that the application for approval of appointment made as per Ext.P7(a) is pending, there will be a direction to the Assistant Educational Officer, the first respondent, to take a decision on the same and pass appropriate orders within a period of two months from the date of receipt of a copy of this judgment. The objection raised by the petitioner regarding Exts.P2 and P4 will also be considered, while passing the order. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms