IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 22ND JULY 2009 / 31ST ASHADHA 1931 WP(C).No. 20422 of 2009(W) -------------------------- PETITIONER(S): --------------- RAJI CHRISTIN, H.S.A (ENGLISH) SACRED HEART HIGHER SECONDARY SCHOOL, THIRUVAMPADY, KOZHIKODE DISTRICT. BY ADV. SRI.P.J.MATHEW SRI.K.B.ARUNKUMAR RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT EDUCATIONAL OFFICER, THAMARASSERY, KOZHIKODE DISTRICT. 3. THE CORPORATE MANAGER, CORPORATE EDUCATIONAL AGENCY, DIOCESE OF THAMARASSERY, KOZHIKODE DISTRICT. R1 & R2 BY G.P. SHRI A.J. VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.20422 of 2009-W - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of July, 2009. JUDGMENT The petitioner was appointed as H.S.A. (English) in the school managed by the third respondent, with effect from 1.7.2008 to 31.3.2013. Ext.P1 is the order of appointment. The said appointment was effected in a regular vacancy that arose due to the availing of leave without allowance by Smt. Dally Philip, H.S.A. (English) for five years from 1.2.2008 to 31.1.2013. The leave of the teacher concerned was sanctioned by the Government. When the Manager forwarded the proposal for approval of appointment of the petitioner, it was rejected on regular basis by the second respondent as per Ext.P2 order, on the basis of G.O.(P) No.104/2008/G.Edn. dated 10.6.2008. The above Government Order is produced as Ext.P3 herein. 2. This court in a batch of cases, reported in Unni Narayanan v. State of Kerala (2009 (2) KLT 604) held that without amending the statutory rules, a Government Order cannot be pressed into service. Ext.P3 herein was under challenge in those cases. It was held that “if the vacancy is having a duration of one academic year or more, appointment can be made wpc 20422/2009 2 to fill up the same. The term of appointment need not be co-terminus with the term of the vacancy. 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, Ext.P2 is quashed. There will be a direction to the second respondent to pass fresh orders regarding the approval of appointment of the petitioner, in the light of the findings rendered by the Division Bench in the above decision. Appropriate orders shall be passed within a period of two months from the date of receipt of a copy of this wpc 20422/2009 3 judgment. The petitioner will produce a copy of the writ petition along with a copy of this judgment before the second respondent for compliance. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/