IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 6TH JULY 2009 / 15TH ASHADHA 1931 WP(C).No. 18816 of 2009(V) -------------------------- PETITIONER(S): --------------- V.C.MUJEEB, AGED 33 YEARS, S/O.C.H.ABDUL KADAR, FULL TIME ARABIC TEACHER, KAYARALAM A.U.P. SCHOOL, P.O.KAYARALAM, KANNUR DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVT.SECRETARIAT ANNEXE, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANTHAPURAM-14. 3. THE ASSISTANT EDUCATIONAL OFFICR, TALIPARAMBA SOUTH, P.O TALIPARAMBA, KANNUR DISTRICT. 4. THE MANAGER, KAYARALAM A.U.P SCHOOL, P.O.KAYARALAM, KANNUR DISTRICT. SENIOR GOVERNMENT PLEADER, SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.18816/2009-V ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 6th day of July, 2009 J U D G M E N T The petitioner was appointed as Full Time Arabic Teacher by the fourth respondent Manager on 22/07/2008 against a resignation vacancy, as per Ext.P1 order. Even though the documents were forwarded to the Assistant Educational Officer for approval, no orders have been communicated so far. Ext.P2 is the staff fixation order for the year 2008-09 wherein one Full Time Arabic post has been sanctioned. The petitioner has filed a revision petition before the Government as per Ext.P3 since it appears that the proposal is to approve the appointment only on daily wage basis. 2. The petitioner is relying upon the principles stated in a Division Bench judgment of this Court in Unni Narayanan v. State of Kerala (2009 (2) KLT 604) (produced as Ext.P4 herein) wherein it was held that without amending the statutory rules, a Government Order cannot be pressed into service. It was held that “if the vacancy is having a duration of one academic year or more, appointment can be made to fill up the same. The term of appointment need not be co-terminous with the term of the vacancy. W.P.(C). No.18816/2009 -:2:- If, in fact, the vacancy is having a duration of one academic year or more, even if, there is some delay in making the appointment, such appointment will have to be approved.” Ultimately, in para 12, a direction was issued as follows: “12. 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.” 3. Therefore, there will be a direction to the Government to take a decision on Ext.P3 after hearing the petitioner and the Manager, within a period of four months from the date of receipt of the copy of this judgment and after taking note of Ext.P4 judgment of the Division Bench referred to above. The petitioner will produce a copy of this writ petition along with a copy of this judgment before the first respondent. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms