IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 1ST DECEMBER 2010 / 10TH AGRAHAYANA 1932 WP(C).No. 35002 of 2010(A) -------------------------- PETITIONER(S): --------------- P.T.SINDHU, W/O.SUNDARESAN, AGED 38 YEARS, HIGH SCHOOL ASSISTANT (ENGLISH), ARAVUKAD HIGHER SECONDARY SCHOOL, PUNNAPRA, ALAPPUZHA DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. THE DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA DISTIRCT-688001. 3. THE DISTRICT EDUCATIONAL OFFICER, ALAPPUZHA DISTRICT - 688001. 4. THE MANAGER, ARAVUKAD HIGHER SECONDARY SCHOOL, PUNNAPRA, 688 004, ALAPPUZHA DISTRICT. GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- W.P.(C).No.35002 of 2010 --------------------------------------------- Dated this the 1st day of December, 2010 JUDGMENT The petitioner was appointed as High School Assistant (English) in Aravukad High School, Punnapra as per Exhibit P1 order of appointment dated 13.6.2006. The appointment was from 13.6.2006 onwards. The petitioner was appointed in the promotion vacancy of Seethalakshmi, who was promoted as Headmistress. The District Educational Officer approved the appointment of the petitioner as H.S.A. (English) from 13.6.2006 to 31.3.2007 on daily wages on the strength of “G.O.(Rt) No.207/2009/G.Edn. dated 14.1.2009”. As rightly submitted by the learned Government Pleader, probably, the Government Order intended to be stated by the District Educational Officer was G.O.(P) No.104/2008/G.Edn. dated 10.6.2008, which provided that the appointment for periods less than one academic year shall be approved only on daily wage basis. The learned Government Pleader submitted that G.O.(Rt.) No.207/2009/G.Edn. dated 14.1.2009 was issued WPC No.35002/2010 2 with reference to the management dispute. 2. In Unninarayanan vs. State of Kerala (2009(2) KLT 604), it was held that the said Government Order (G.O.(P) No.104/2008/G.Edn. dated 10.6.2008) cannot override Rule 7A of Chapter XIV A of Kerala Education Rules. 3. In the light of the decision of the Division Bench in Unninarayanan vs. State of Kerala, approval of appointment of the petitioner, limiting the same on daily wages for the period from 13.6.2006 to 31.3.2007, is unsustainable. The petitioner is entitled to get his appointment approved from 13.6.2006. 4. Accordingly, the Writ Petition is allowed. Exhibit P1 order of approval to the extent it limits the approval for the period from 13.6.2006 to 31.3.2007 on daily wages is quashed. The District Educational Officer shall approve the appointment of the petitioner from 13.6.2006 onwards on regular basis. 5. The learned Government Pleader submitted that the WPC No.35002/2010 3 State has filed an appeal before the Supreme Court challenging the judgment in Unninarayanan's case. It is made clear that the direction to approve the appointment of the petitioner as above shall be subject to the result of the Special Leave Petition filed against the judgment in Unninarayanan's case and on further condition that the petitioner shall file an undertaking before the District Educational Officer undertaking to disgorge the benefit received by her, in case the decision of the Supreme Court goes against the decision in Unninarayanan vs. State of Kerala (2009(2) KLT 604). The Writ Petition is allowed as above. K.T.SANKARAN JUDGE csl