IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 18TH JUNE 2009 / 28TH JYAISHTA 1931 WP(C).No. 16841 of 2009(A) -------------------------- PETITIONER(S): --------------- PRINCY M.V., W/O.FRANCY C.F., CHALISSERY HOUSE, ELTHURUTH P.O., LALOOR, UPSA, MAR THOMA GHS, THRISSUR. BY ADV. SRI.JIJO PAUL RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. 3 DISTRICT EDUCATIONAL OFFICER, THRISSUR. 4. THE MANAGER, MARTHOMA GHS, THRISSUR. 5. DEPUTY DIRECTOR OF EDUCATION, THRISSUR. BY G.P. SRI. A.J.VARGHESE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/06/2009, ALONG WITH W.P.(C) No. 16859/2009 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C) Nos. 16841 , 16859, 16919, 16920, 16921 and 16923 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 18th day of June, 2009 JUDGMENT The petitioners in these writ petitions are teachers working in various aided schools. All of them were appointed against regular vacancies that had arisen either as a result of promotion/retirement/transfer or on the incumbent availing long leave. In some cases the appointments were not approved for the reason that the appointment is for a period less than one academic year. In some cases, the appointments were approved only on daily wage basis. These orders were passed relying on Ext.P1 Government order dated 10-6-2008. The validity of the said Government order was considered by a Division Bench of this Court in Unni Narayanan K. and others V. State of Kerala (ILR 2009(2) Ker.487) wherein this Court held that without amending the provisions of the Kerala Education Rules, the Government cannot restrict the appointment of teaching and non-teaching staff in aided schools. It was held that appointments need not be coterminous with the vacancies and that appointment, the duration of which is less than one academic year, is liable to be approved. The Division Bench W.P.(C) No.16841/09 and con. cases 2 directed revised orders to be passed regarding approval of appointments. In the light of the authoritative pronouncement of the Division Bench of this Court to which the State of Kerala is a party, I am of the opinion that the orders impugned in these writ petitions cannot be sustained. In the result, these writ petitions are allowed, the orders impugned are quashed and the concerned Educational Officers are directed to re- consider the proposal to approve the appointments of the petitioners in the light of the decision of the Division Bench of this Court in Unni Narayanan K. and others V. State of Kerala (Supra) and pass orders thereon within six weeks from the date on which the petitioners produce a certified copy of this judgment before the concerned Educational Officer. Till such time, the petitioners shall be retained in service. In the event of their appointments being approved, the competent authority among the respondents shall take steps to draw and disburse arrears of salary and allowances to the petitioners at the applicable rates expeditiously and in any event, within two months from the date on which approval is granted by the competent authority. The writ petitions are allowed as above. No costs. P.N.RAVINDRAN, JUDGE. mn.