IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 29TH MAY 2009 / 8TH JYAISHTA 1931 WP(C).No. 10698 of 2009(F) ------------------------------------------ PETITIONER(S): ------------------------ 1. HENCIN.C.O., CHAKRAMAKIL HOUSE, J.S.ROAD, CHITTATTUKARA, PIN-680 511, DRAWING TEACHER, ST.THOMAS H.S., MAYANNUR. 2. BEENA.T.A, W/O.RAPHY.C.D., CHIRIYANKANDATH HOUSE, P.O.KUNDANNUR, PIN-680 590, H.S.A. MALAYALAM, ST.THOMAS H.S., MAYANNUR. 3. VIJAYA PHILIP EDAKALATHUR, W/O.JACKO K.JOSEPH, KIDANGAN HOUSE, P.O.VENKITANGU, PIN-680 510, H.S.A.NATURAL SCIENCE, ST.THOMAS H.S, MAYANNUR. 4. BEENA JOSE, W/O.A.J.DAVIS, ALAPPADAN HOUSE, THIROOR, EAST BAZAR, P.O.MOKAVAR, PIN-680 581, H.S.A PHYSICAL SCIENCE, ST.THOMAS H.S, MAYANNUR. 5. LITTY FRANCIS.T., W/O.JIJO JOY.P, PULIKKAL HOUSE, HOSPITAL ROAD, PUDUKAD, THRISSUR-680 301, H.S.A. MALAYALAM, ST.THOMAS H.S., MAYANNUR. 6. ANU DAVIS, W/O.JOSE JOHN.V., VAZHAPPILLY HOUSE, AYYAMPARAMBU, AKATHIYUR P.O., PIN-680 503, H.S.A. PHYSICAL SCIENCE, ST.THOMAS H.S., MAYANNUR. 7. JISA.C.J., W/O.SUNNY.A.C., ALOORKOKKEN HOUSE, GILGAL STREET, NELLIKUNNU, THRISSUR-680 005, UPSA, ST.THOMAS H.S, MAYANNUR. Kss ..2/- ..2..... WPC.NO.10698/2009 F 8. JOBY.C.J., UPSA, ST.THOMAS H.S, MAYANNUR. 9. SAJI.T.T., H.S.A., NATURAL SCIENCE, ST.THOMAS H.S., MAYANNUR. 10. LEKHA DAVIS KATTUMATH, H.S.A. ENGLISH, ST.JOSEPH'S H.S, AVINISSERY. 11. NIXY NICLAVOS.V., H.S.A. ENGLISH, ST.XAVIER'S H.S., CHEVOOR. 12. REENA ANTONY.C., H.S.A. ENGLISH, ST.JOSEPH H.S., VELUPADAM. 13. SHIJY C.PAUL, H.S.A. MALAYALAM, ST.JOSEPH'S H.S., VELUPADAM. 14. BINDU PETER.K., H.S.A. PHYSICAL SCIENCE, ST.ANTONY'S H.S., PUTHENPEEDIKA. 15. TONY THOMAS.A, H.S.A. MALAYALAM, ST.ANTONY'S H.S., PUTHENPEEDIKA. 16. JESSY.K.P., W/O.MARTIN.K.C., KUTTUKARAN HOUSE, P.O.KANJANY, THRISSUR-680 612, H.S.A. NATURAL SCIENCE, ST.SEBASTIAN HIGH SCHOOL, CHITTATTUKARA. 17. SHALY ANTONY NEELANKAVIL, W/O.K.J.BABY, KOONAMMAKKAL HOUSE, P.O.MAROTTICHAL, PIN-680 014, H.S.A.MALAYALAM, ST.SEBASTIAN HIGH SCHOOL, MANNAMANGALAM. 18. SUJA JOY, W/O.PAUL T.JOSE, THEKKNEATH HOUSE, EAST FORT P.O., THRISSUR-680 005, H.S.A. NATURAL SCIENCE, ST.THOMAS H.S., THIROOR. Kss ..3/- ...3.... WPC.NO.10698/2009 F 19. JULIE.V.T, W/O.K.JOHN SEBASTIAN, KURUTHUKULANGARA HOUSE, P.O.AMMADAM, PIN-680 563, H.S.A. PHYSICAL SCIENCE, ST.ANTONY'S H.S., PAZHUVIL. BY ADV. MR.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. DEPUTY DIRECTOR OF EDUCATION, THRISSUR. 4. DISTRICT EDUCATIONAL OFFICER, THRISSUR. 5. DISTRICT EDUCATIONAL OFFICER, CHAVAKKAD. R1 TO R5 BY GOVERNMENT PLEADER SMT. T.B.REMANI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.10698/2009 F APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE APPOINTMENT ORDER NO.E.D.NO.A.415/2008 DTD. 4/06/2008 OF THE 1ST PETITIONER ISSUED BY THE MANAGER, CORPORATE EDUCATIONAL AGENCY, ARCHDIOCESE OF THRISSUR. P2: COPY OF THE APPOINTMENT ORDER NO.E.D.NO.A.427/2008 DTD. 5/06/2008 OF THE 2ND PETITIONER ISSUED BY THE MANAGER, CORPORATE EDUCATIONAL AGENCY, ARCHDIOCESE OF THRISSUR. P3: COPY OF THE APPOINTMENT ORDER NO.E.D.NO.A.505/2008 DTD. 16/06/2008 OF THE 3RD PETITIONER ISSUED BY THE MANAGER, CORPORATE EDUCATIONAL AGENCY, ARCHDIOCESE OF THRISSUR. P4: COPY OF THE APPOINTMENT ORDER NO.E.D.NO.A.409/2008 DTD. 3/06/2008 OF THE 4TH PETITIONER ISSUED BY THE MANAGER, CORPORATE EDUCATIONAL AGENCY, ARCHDIOCESE OF THRISSUR. P5: COPY OF THE APPOINTMENT ORDER NO.E.D.NO.A.400/2008 DTD. 3/06/2008 OF THE 5TH PETITIONER ISSUED BY THE MANAGER, CORPORATE EDUCATIONAL AGENCY, ARCHDIOCESE OF THRISSUR. P6: COPY OF THE APPOINTMENT ORDER NO.E.D.NO.A.559/2008 DTD. 25/06/2008 OF THE 6TH PETITIONER ISSUED BY THE MANAGER, CORPORATE EDUCATIONAL AGENCY, ARCHDIOCESE OF THRISSUR. P7: COPY OF THE APPOINTMENT ORDER NO.E.D.NO.A.456/2008 DTD. 10/06/2008 OF THE 7TH PETITIONER ISSUED BY THE MANAGER, CORPORATE EDUCATIONAL AGENCY, ARCHDIOCESE OF THRISSUR. P8: COPY OF THE APPOINTMENT ORDER NO.E.D.NO.A.455/2008 DTD. 10/06/2008 OF THE 8TH PETITIONER ISSUED BY THE MANAGER, CORPORATE EDUCATIONAL AGENCY, ARCHDIOCESE OF THRISSUR. P9: COPY OF THE APPOINTMENT ORDER NO.E.D.NO.A.517/2008 DTD. 18/06/2008 OF THE 9TH PETITIONER ISSUED BY THE MANAGER, CORPORATE EDUCATIONAL AGENCY, ARCHDIOCESE OF THRISSUR. P10: COPY OF THE APPOINTMENT ORDER NO.E.D.NO.A.40`/2008 DTD. 3/06/2008 OF THE 10TH PETITIONER ISSUED BY THE MANAGER, CORPORATE EDUCATIONAL AGENCY, ARCHDIOCESE OF THRISSUR. P11: COPY OF THE APPOINTMENT ORDER NO.E.D.NO.A.403/2008 DTD. 3/06/2008 OF THE 11TH PETITIONER ISSUED BY THE MANAGER, CORPORATE EDUCATIONAL AGENCY, ARCHDIOCESE OF THRISSUR. Kss ..2/- ...2..... WPC.NO.10698/2009F P12: COPY OF THE APPOINTMENT ORDER NO.E.D.NO.A.478/2008 DTD. 10/06/2008 OF THE 12TH PETITIONER ISSUED BY THE MANAGER, CORPORATE EDUCATIONAL AGENCY, ARCHDIOCESE OF THRISSUR. P13: COPY OF THE APPOINTMENT ORDER NO.E.D.NO.A.399/2008 DTD. 3/06/2008 OF THE 13TH PETITIONER ISSUED BY THE MANAGER, CORPORATE EDUCATIONAL AGENCY, ARCHDIOCESE OF THRISSUR. P14: COPY OF THE APPOINTMENT ORDER NO.E.D.NO.A.502/2008 DTD. 13/06/2008 OF THE 14TH PETITIONER ISSUED BY THE MANAGER, CORPORATE EDUCATIONAL AGENCY, ARCHDIOCESE OF THRISSUR. P15: COPY OF THE APPOINTMENT ORDER NO.E.D.NO.A.397/2008 DTD. 3/06/2008 OF THE 15TH PETITIONER ISSUED BY THE MANAGER, CORPORATE EDUCATIONAL AGENCY, ARCHDIOCESE OF THRISSUR. P16: COPY OF THE APPOINTMENT ORDER NO.E.D.NO.A.413/2008 DTD. 3/06/2008 OF THE 16TH PETITIONER ISSUED BY THE MANAGER, CORPORATE EDUCATIONAL AGENCY, ARCHDIOCESE OF THRISSUR. P17: COPY OF THE APPOINTMENT ORDER NO.E.D.NO.A.396/2008 DTD. 3/06/2008 OF THE 17TH PETITIONER ISSUED BY THE MANAGER, CORPORATE EDUCATIONAL AGENCY, ARCHDIOCESE OF THRISSUR. P18: COPY OF THE APPOINTMENT ORDER NO.E.D.NO.A.411/2008 DTD. 3/06/2008 OF THE 18TH PETITIONER ISSUED BY THE MANAGER, CORPORATE EDUCATIONAL AGENCY, ARCHDIOCESE OF THRISSUR. P19: COPY OF THE APPOINTMENT ORDER NO.E.D.NO.A.410/2008 DTD. 3/06/2008 OF THE 19TH PETITIONER ISSUED BY THE MANAGER, CORPORATE EDUCATIONAL AGENCY, ARCHDIOCESE OF THRISSUR. P20: COPY OF THE G.O.(P) NO.104/2008/G.EDN. DTD. 10/06/2008 ISSUED BY THE 2ND RESPONDENT. P21: COPY OF G.O.(P) NO.169/04/G.EDN. DTD. 15/06/2004 ISSUED BY THE 2ND RESPONDENT. P22: COPY OF THE ORDER PASSED BY THIS HON'BLE COURT DTD. 30/07/2008 IN WPC.NO.21067/2008 AND CONNECTED CASE. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.10698 of 2009-F - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of May, 2009. JUDGMENT The petitioners are working as Teachers in various schools under a corporate Educational Agency, viz. Arch Diocese of Thrissur. All of them were appointed as High School Assistants and Upper Primary School Assistants during June, 2008. Ext.P1 is the appointment order in respect of the first petitioner which shows that the appointment has been approved on daily wage basis. With regard to certain other petitioners, similar orders of approval have been granted. As regards some others, orders have not been passed so far. Apparently, the approval on daily wage was been granted based on Ext.P20 G.O.(P) No.104/2008/Fin. dated 10.6.2008. The petitioner challenges Exts.P210 and P21 in so far as they restrict approval of appointment of teachers only on daily wage basis. 2. The validity of the above orders were under challenge in various writ petitions before this court. In Unni Narayanan v. State of Kerala (2009 (2) KLT 604), a Division Bench of this court held that the said Government Order cannot be pressed into service without amending the rules. It was held further that “if the vacancy is having a duration of one wpc 10698/2009 2 academic year or more, appointment can be made to fill up the same. The term of appointment need not be co-terminus 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 paragraph 12, the following directions were issued: “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.” In the light of the above, the writ petition is disposed of directing the 5th respondent to reconsider the grant of approval in respect of petitioners 1 to 9 and 16 and the 4th respondent is directed to pass fresh orders in respect of petitioners 10 to 15 and 17 to 19, within a period of two months from the date of receipt of a copy of this judgment. The petitioner will produce a wpc 10698/2009 3 copy of this judgment along with a copy of the judgment of the Division Bench referred to above, before respondents 4 and 5 for compliance. (T.R. Ramachandran Nair, Judge.) kav/