Babu Mathew P. Joseph, J.

1. The petitioner was initially appointed as an Upper Primary School Assistant (for short, UPSA) in a maternity leave vacancy from 26-8-2002 to 7-1-2003 in the school managed by the 1st respondent. This appointment has been approved by the 2nd respondent as per his order dated 22-11-2006. The salary due to him for that period was also paid to him. He was appointed as a High School Assistant (for short, HSA) in that school to a leave vacancy from 5-6-2006 to 31-8-2006 on daily wages. This appointment was approved by the 2nd respondent by his order dated 25-9-2006. The wages due to him was also paid. He was again appointed as HSA to a leave vacancy in that school on daily wages from 18-9-2006 to 17-11-2006. That appointment was also approved by the 2nd respondent as per his order dated 1-11-2007. The wages due to the petitioner for that period was also paid.

2. In the meanwhile, a long term leave vacancy from 7-6-2005 to 5-6-2010 in the post of UPSA arose in that school consequent on the promotion of one UPSA as HSA to a long term leave vacancy of HSA from 7-6-2005 to 5-6-2010. The 1st respondent appointed the 4th respondent to that long term vacancy of UPSA from 7-6-2005 to 5-6-2010. The proposal for the approval of the appointment of the 4th respondent was rejected by the 2nd respondent as per Ext.P1 order. Since the petitioner was entitled to be appointed to the said vacancy that arose on 7-6-2005, he preferred Ext.P2 complaint before the 2nd respondent on 30-6-2005 staking his claim for that vacancy. As no action was taken in the matter, the petitioner approached this Court by filing W.P.(C) No. 13756 of 2006 which was disposed of by this Court by judgment dated 2-6-2006 directing the Government, the 3rd respondent, to consider the petitioner's claim after hearing of the parties concerned. Thereupon the matter was heard and Ext.P3 order has been passed by the Government on 23-9-2006 directing the 2nd respondent to approve the appointment of the petitioner from 26-8-2002 to 7-1-2003, if he is otherwise eligible. Thereafter, the 2nd respondent has approved the appointment of the petitioner from 26-8-2002 to 7-1-2003 as per his order dated 22-11-2006. The 2nd respondent by his Ext. P4 letter dated 2-3-2007 directed the 1st respondent to furnish the details regarding the appointment of the petitioner for the purpose of approving his appointment for the period from 18-9-2006 to 17-11-2006. But, the 1st respondent has not furnished the required information to the 2nd respondent. The petitioner on several occasions approached the 2nd respondent for taking further action in the matter. Since the 1st respondent has not furnished the required information, no orders have been passed by the 2nd respondent in the matter. However, the 2nd respondent has not taken any action against the 1st respondent for his inaction in the matter of furnishing the required information called for by the 2nd respondent in Ext.P4.

3. Since the 2nd respondent has failed to take appropriate action against the Manager, the petitioner was constrained to approach this Court by filing W.P.(C) No. 21734 of 2007 and this Court issued orders for complying with the directions in Ext.P4. Having found that the respondents failed to comply with the same, this Court passed Ext.P6 order. It is evident from Ext. P6 that disqualifying of the 1st respondent was proposed and the 1st respondent was given an opportunity to make his submissions against such proposal before the Deputy Director of Education, failing which, the Deputy Director of Education was directed to take further proceedings in accordance with law. Thereafter, the petitioner's appointment as HSA from 18-9-2006 to 17-11-2006 has been approved by the 2nd respondent by his Ext.P7 order dated 1-11-2007. The question with regard to the entitlement of the petitioner for appointment to the long term leave vacancy of UPSA from 7-6-2005 to 5-6-2010 was remaining then without taking