IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 22ND JUNE 2009 / 1ST ASHADHA 1931 WP(C).No. 17094 of 2009(F) -------------------------------- PETITIONER: --------------- SREEKANTH P.B., S/O.BHASKARAN, POOVATHINGAL HOUSE, THONOOR KARA P.O., CHELAKKARA VIA., THRISSUR-680 610, JUNIOR SANSKRIT TEACHER, (PART TIME), U.P.S., THONOORKARA. BY MR. SRI.JIJO PAUL, ADVOCATE. RESPONDENTS: ------------------ 1. THE STATE OF KERALA, REP. BY CHIEF SECRETARY, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 3. ASST. EDUCATIONAL OFFICER, WADAKKANCHERRY. 4. THE MANAGER, U.P.S., THONOORKARA. BY MR. A.J. VARGHESE, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.17094 OF 2009 --------------------------------------- Dated this the 22nd day of June, 2009. J U D G M E N T The petitioner is a Junior Sanskrit Teacher (Part Time) in U.P.S, Thonoorkara. He was appointed as such on 16.06.2008. By Exhibit P2 order passed by the Assistant Educational Officer, the appointment has been approved only on daily wage basis. The said order has been passed relying upon G.O.(P) No.104/2008/G.Edn dated 10.06.2008, which is produced as Exhibit P1 herein. Exhibit P2 shows that the appointment is from 16.06.2008 in a retirement vacancy of Smt.C.K.Ratnavathy. It is pointed out that the Manager has filed an appeal against the same and it is pending. The petitioner is challenging Exhibit P1 Government Order dated 10.06.2008 in this writ petition along with Exhibit P2 order. 2. The validity of Exhibit P1 Government Order was under challenge in various writ petitions before this Court and a Division Bench of this Court in Unni Narayanan vs. State of Kerala W.P.(C) No.17094/2009 2 (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, Exhibit P2 is quashed. The Assistant Educational Officer will pass fresh orders in the light of the directions issued by the Division Bench above which will W.P.(C) No.17094/2009 3 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 petitioner 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. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp