IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 8TH JULY 2009 / 17TH ASHADHA 1931 WP(C).No. 15982 of 2009(P) --------------------------------- PETITIONERS: ---------------- 1. HARISH.P, PLAVINKOOTTATHIL HOUSE, P.O. VIYOOR, THRISSUR DISTRICT, JUNIOR SANSKRIT, NSUPS CHEROOR. 2. SNEHA.C, CHOORANGATH HOUSE, KURIACHIKARA.P.O, THANIKUDAM, PIN - 680 028, UPSA, NSUPS, CHEROOR. BY ADV. MR.JIJO PAUL RESPONDENTS: ------------------- 1. THE STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. 3. ASSISTANT EDUCATIONAL OFFICER, THRISSUR EAST. 4. THE MANAGER, N.S.U.P.S, CHEROOR P.O., THRISSUR DISTRICT. 5. DISTRICT EDUCATIONAL OFFICER, THRISSUR. GOVERNMENT PLEADER MR. A.J. VARGHESE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.15982 OF 2009 --------------------------------------- Dated this the 8th day of July, 2009. J U D G M E N T The petitioners herein have been appointed as Junior Sanskrit Teacher and Upper Primary School Assistant in N.S.U.P.S, Cheroor. The 1st petitioner was appointed on 29.10.2008 and the 2nd petitioner was appointed on 04.07.2008. The petitioners were appointed in regular vacancies. Exhibit P2 is the order of appointment in respect of the 1st petitioner. The proposal for approval was rejected as per Exhibit P3. The same was challenged in appeal before the 5th respondent and the appeal was rejected as per Exhibit P4. As regards the 2nd petitioner also, by Exhibit P5, the application for approval was rejected. 2. The respondents relied upon G.O.(P) No.104/2008/G.Edn dated 10.06.2008 (Exhibit P1) to reject the approval. The validity of Exhibit P1 Government Order was under challenge in various writ petitions before this Court and a Division Bench of this Court W.P.(C) No.15982/2009 2 in Unni Narayanan vs. State of Kerala (2009(2) KLT 604) has held in paragraph 7 that the offending conditions in Exhibit P2 Government Order cannot stand with the statutory rules. Therefore, for enforcing them, the relevant rules require amendment. As long as the rules are not amended, Exhibit P2 cannot be pressed into service by the Government. 3. Finally in paragraph 12, the following directions were issued: “In the case of the writ petitioners in these cases, orders, if any passed, approving their appointments on daily wage basis, relying on Ext.P2 Government Order are quashed. All appointments, whether pending approval or already rejected, shall be considered/reconsidered by the Educational Officers concerned and fresh orders shall be passed in the light of the declaration of law made by us in W.P.(C) No.25176 of 2008. The salary found due to be paid to the incumbents concerned shall be released immediately. The action in this regard shall be completed within six weeks from the date of production of a copy of this judgment”. In the light of the above, this writ petition is allowed. Exhibits P3, P4 and P5 are quashed. There will be a direction to W.P.(C) No.15982/2009 3 the Assistant Educational Officer to pass fresh orders in the light of the directions issued by the Division Bench above which will govern this case also. Appropriate orders shall be passed within a period of two months from the date of receipt of a copy of this judgment. The petitioners will produce a copy of this judgment along with copy of the judgment of the Division Bench referred to above before the Assistant Educational Officer for compliance. T.R. RAMACHANDRAN NAIR JUDGE smp