IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 6TH AUGUST 2009 / 15TH SRAVANA 1931 WP(C).No. 22258 of 2009(B) -------------------------------- PETITIONER: -------------- MADHURAKANDY ASHOKAN, S/O.LATE SAMY, AGED 67 YEARS, MANAGER, VANGERI U.P.SCHOOL, VENGERI P.O., KOZHIKODE-10. BY MR.JIJI THOMAS, ADVOCATE. MR.G.B.SHAMJITH, ADVOCATE. RESPONDENTS: ------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. THE ASSISTANT EDUCATIONAL OFFICER, CHEVAYOOR, KOZHIKODE. 4. DHANYA.B.R., SANSKRIT TEAHCER, VENGERI U.P.SCHOOL, VENGERI P.O., KOZHIKODE-10. BY MR. A.J. VARGHESE, SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.22258 OF 2009 --------------------------------------- Dated this the 6th day of August, 2009. J U D G M E N T The petitioner is the Manager of Upper Primary School, Vengeri, Kozhikode. The petitioner appointed the 4th respondent as Sanskrit Teacher in the school as per Exhibit P2. The Manager has forwarded the details to the Assistant Educational Officer namely, the 3rd respondent for approval. The appointment is from 13.07.2009 onwards in the vacancy of Smt.V.V. Vineetha, Sanskrit Teacher who resigned from service on 09.07.2009. 2. It is contended that the matter is kept pending by the Assistant Educational Officer in the light of the various Government Orders issued regarding the grant of approval of appointments, the period of which does not cover full academic year. Exhibit P1 is the Government Order namely, G.O.(P)No. 104/2008/G.Edn dated 10.06.2008 and Exhibits P3 and P4 are the earlier Government Orders. Exhibit P5 is the judgment of a Division Bench of this Court in W.P.(C) No.36446/2008 and W.P.(C) No.22258/2009 2 connected cases (Unni Narayanan vs. State of Kerala reported in 2009(2)KLT 604) wherein the validity of Exhibit P1 Government Order was under challenge. The Division Bench has held in paragraph 7 of the said judgment 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”. W.P.(C) No.22258/2009 3 Therefore, the 3rd respondent will consider the application for appointment and proposal for approval, and pass appropriate orders in the light of the decision of the Division Bench noted above within a period of one month from the date of receipt of a copy of this judgment. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp