IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 6TH JULY 2009 / 15TH ASHADHA 1931 WP(C).No. 18795 of 2009() ------------------------- PETITIONER(S): --------------- ATHIKABEEVI M.K., W/O.SHAMSUDHEEN R.H., RAYAMMARAKKAR HOUSE, PELAKKATTUPAYYUR, P.O.KOONAMMUCHI, THRISSUR DISTICT. JUNIOR ARABIC TEACHER (FULL TIME) ST.MARY'S L.P.S.ERNAKULAM. 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. ASSISTANT EDUCATINAL OFFICER, MULLASSERY. 4. THE CORPORATE MANAGER, CORPORATE EDUCATIONAL AGENCY ARCHDIOCESE OF THRISSUR, THRISSUR DISTRICT. SENIOR GOVERNMENT PLEADER, SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.18795/2009-T ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 6th day of July, 2009 J U D G M E N T The petitioner was appointed as Junior Arabic (Part Time) in a retirement vacancy of Shri M.Kunhimoideen, in St.Louis L.P.S, Venmenad. The Assistant Educational Officer approved the appointment only on daily wages basis with effect from 19.06.2008 to 31.3.2009 as per G.O.(P) No.104/2008/G.Edn. dated 10.6.2008. The copy of the appointment order is evidenced by Ext.P2. G.O.(P) No.104/2008/G.Edn. dated 10.6.2008 is produced as Ext.P1. The petitioner challenges Exts.P1 and P2 in this writ petition. 2. This court in a batch of cases, reported in Unni Narayanan v. State of Kerala (2009 (2) KLT 604) held that without amending the statutory rules, a Government Order cannot be pressed into service. It was held that “if the vacancy is having a duration of one academic year or more, appointment can be made to fill up the same. The term of appointment need not be co-terminous with the term of the vacancy. If, in fact, the vacancy is having a duration of one academic year or more, even if, there is some delay in making the appointment, such appointment will have to be approved.” Ultimately, in para 12, a direction was issued as follows: W.P.(C). No.18795/2009 -:2:- “12. 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.” 3. In the light of the above, Ext.P2 to the extent to which approval is given only on daily wages 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 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 a copy of the judgment of the Division Bench referred to above, before the third respondent for compliance. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms