JUDGMENT

Petitioners were appointed as Office Attendants in the school managed by the 4th respondent. Petitioners allege that there is a dispute between the present manager and another person, who stakes claim to be a rightful claimant for appointment as a manager. The aforesaid dispute is pending consideration before this Court as WP(C) No.21331/2021, wherein, this Court had directed that all appointments made by the manager will be subject to the final outcome of the writ petition, as evident from Ext.P5.

2. In the meantime, the applications for approval of the appointment of petitioners have been submitted before the 3rd respondent, as evident from Ext.P6 by the present manager in office. The grievance of the petitioners is that due to the dispute pending consideration in Ext.P5, the 3rd respondent is not taking any decision on Ext.P6 application.

3. On a perusal of Ext.P5 order, I find that there is no interdiction imposed by this Court in making any appointments. The only restraint is that the appointment will be subject to the final outcome of the writ petition. The Rule 9 of Chapter XIV of the KER is also relevant in this context. In view of the above, Ext.P6 application cannot be refused to be considered by the 3rd respondent on the ground of pendency of WP(C). No.21331/2021. The 3rd respondent is therefore bound to take a decision on the approval application. However, if the approval is granted ultimately, the direction of this Court in WP(C) No.21331/2021 shall govern such approval also.

With the aforesaid observations, there will be a direction to the 3rd respondent to consider and pass appropriate orders on Ext.P6, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a copy of this judgment.

The writ petition is disposed of as above.

Sd/-

BECHU KURIAN THOMAS, JUDGE RKM APPENDIX OF WP(C) 4118/2022 PETITIONERS' EXHIBITS :

Exhibit P1 A TRUE COPY OF THE APPOINTMENT ORDER ISSUED BY THE 4TH RESPONDENT TO THE FIRST PETITIONER DATED 20.01.2021.

Exhibit P2 A TRUE COPY OF THE APPOINTMENT ORDER ISSUED BY THE 4TH RESPONDENT TO THE 2ND PETITIONER DATED 08.02.2021.

Exhibit P3 A TRUE COPY OF THE APPLICATION FOR APPOINTMENT APPROVAL OF THE HARD COPY OF THE UPLOADED PROPOSAL IN RESPECT OF THE FIRST PETITIONER DATED 01.02.2021.

Exhibit P4 A TRUE COPY OF THE APPLICATION FOR APPOINTMENT APPROVAL OF THE HARD COPY OF THE UPLOADED PROPOSAL IN RESPECT OF THE SECOND PETITIONER DATED 18.02.2021.

Exhibit P5 A TRUE COPY OF THE ORDER DATED 07.10.2021 IN W.P.(C) NO. 21331/2021 OF THIS HON'BLE COURT.

Exhibit P6 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 4TH RESPONDENT TO THE 3RD RESPONDENT DATED 03.01.2022.