IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 6418 of 2007(L)
1. MATHEW S.P.,
... Petitioner
Vs
1. THE STATE OF KERALA,
... Respondent
2. THE DIRECTOR OF PUBLIC INSTRUCTIONS,
3. THE ASSISTANT EDUCATIONAL OFFICER,
4. REV. C.H.ALFRED,
For Petitioner :SRI.N.NANDAKUMARA MENON
For Respondent : No Appearance
The Hon'ble MR. Justice K.M.JOSEPH
Dated :01/03/2007
O R D E R
K.M.JOSEPH, J.
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W.P.(C).No.6418 OF 2007
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Dated this the 1st day of March, 2007
JUDGMENT
By Ext.P1 order petitioner was appointed as U.P.S.A. Ext.P3
is the order of the DPI by which appointment of the fourth
respondent is seen approved from 08-06-2005 to 7-6-2008. No
decision has been taken regarding the approval of the appointment
of the petitioner.
2. The relief sought for in the writ petition is to direct the
third respondent to consider the approval of appointment of the
petitioner as U.P.S.A in the light of the decision of the Division
Bench of this court in Padmanabhan Nambiar v. Government of
Kerala (1997(2)KLT 725) and to pay arrears of salary.
3. I heard learned counsel for the petitioner,
Sri.Goplakrishnan Nair for respondent No.4 and learned
Government Pleader also. There is no dispute that Ext.P3 has been
WPC No.6418/07 2
set aside by the Government and the matter is no doubt challenged
by the fourth respondent in the writ petition filed here. Whatever
that be, the writ petition is disposed of directing the third
respondent to consider and take a decision on the question relating
to approval of the appointment of the petitioner on the basis of
Ext.P1 order of appointment in accordance with law after hearing
the petitioner, fourth respondent and Rev.R.Vijayakumar, who has
been approved as manager by the Government, within a period of
two months from the date of receipt of a copy of this judgment. It
is open to the petitioner to rely on the decision of this court in
1997(2)KLT 725 also.
K.M.JOSEPH
JUDGE
sv.
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