Mathew S.P. vs The State of Kerala, The Director of Public Instructions, The Assistant Educational Officer and Rev. C.H. Alfred

K.M. Joseph, J.—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.

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.

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 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 Re V.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.