IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 17TH JUNE 2009 / 27TH JYAISHTA 1931 WP(C).No. 16714 of 2009(H) -------------------------------- PETITIONER: -------------- MADHUSOODANAN.M.M., H.S.A.(MALAYALAM), ST.JOSEPH'S B.H.S.S., CALICUT. BY MR.P.J.MATHEW, ADVOCATE. MR.K.B.ARUNKUMAR, ADVOCATE. RESPONDENTS: ------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE. 3. THE DISTRICT EDUCATIONAL OFFICER, KOZHIKODE. 4. MANAGER, ST.JOSEPH'S BOYS HIGHER SECONDARY SCHOOL, KOZHIKODE. BY MR. A.J. VARGHESE, SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.16714 OF 2009 --------------------------------------- Dated this the 17th day of June, 2009. J U D G M E N T The petitioner herein is now working as H.S.A (Malayalam) in the 4th respondent-school. He was appointed as per Exhibit P1 in a retirement vacancy of one P.P. Paily. The vacancy therefore is a permanent one. The Educational Authority has granted approval only on daily wage basis going by the endorsement in Exhibit P1. The same is under challenge in this writ petition. 2. Obviously, the Educational Authority has restricted the approval in the light of G.O(P) No.104/2008/G.Edn dated 10.06.2008. The validity of the above Government Order was under challenge in various writ petitions before this Court which were finally disposed of by a Division Bench as per judgment dated 06.04.2009 in Unni Narayanan vs. State of Kerala (2009(2) KLT 604). In paragraph 7 of the said judgment it W.P.(C) No.16714/2009 2 was held 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. 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, Exhibit P1 to the extent to which approval is given only on daily wage basis is quashed. The third respondent will pass fresh orders in the light of the findings rendered by the Division Bench in the above decision within a W.P.(C) No.16714/2009 3 period of two months from the date of receipt of a copy of this judgment. The third respondent will also take steps to disburse the salary accordingly. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp