IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 2ND JUNE 2009 / 12TH JYAISHTA 1931 WP(C).No. 15045 of 2009(A) -------------------------- PETITIONER(S): --------------- C.M.ABDUL RAHIMAN,JUNIOR ARABIC TEACHER,S.N.L.P.SCHOOL,VETTIKKATTIRI, THRISSUR DISTRICT. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.T.R.SADEESAN SRI.T.S.SHYAM PRASANTH RESPONDENT(S): --------------- 1. STATE OF KERALA,REPRESENTED BY THE SECRETARY TO GOVERNMENT,GENERAL EDUCATION DEPARTMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPUAM. 2. THE ASSISTANT EDUCATIONAL OFFICER, WADAKKANCHERY,THRISSUR DISTRICT. 3. THE MANAGER,S.N.L.P.SCHOOL,VETTIKKATTIRI WADAKKANCHERRY,THRISSUR DISTRICT. SENIOR GOVERNMENT PLEADER, SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.15045/2009-A ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 2nd day of June, 2009 J U D G M E N T The petitioner herein was appointed as a Junior Arabic Teacher with effect from 01/07/2008 by the Manager. The vacancy arose due to the retirement of the former incumbent Smt.K.N.Beevathu on 30/06/2008. Ext.P1 produced herein is the copy of the appointment order. By Ext.P2 the second respondent refused approval for appointment on the ground that the period of appointment is not covering the academic year 2008-09. The Manager filed an appeal before the District Educational Officer, Chavakkad, which is pending. The third respondent also made a request for approval of appointment at least on daily wages, which is rejected by Ext.P3 by the Assistant Educational Officer, Wadakkanchery. 2. The orders rejecting the approval of appointment have been passed relying upon G.O.(P).No.104/2008/G.Edn., dated 10/06/2008. The Government Order was under challenge in various writ petitions of this Court and a Division Bench of this Court in Unni Narayanan v.State of Kerala [2009 (2) KLT 604] has considered the validity of the Government Order and it was held that without amending the statutory rules, a W.P.(C). No.15045/2009 -:2:- 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- 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 para 12, a direction was issued as follows: “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, the petitioner is entitled to succeed in the writ petition. Exts.P2 and P3 are therefore, set aside. There will be a W.P.(C). No.15045/2009 -:3:- direction to the second respondent to pass fresh orders in the light of the findings contained in the judgment in Unni Narayanan's case [2009 (2) KLT 604]. Appropriate orders shall be passed within a period of six weeks from the date of receipt of the copy of this judgment. Depending upon the final orders thus passed, the salary of the petitioner shall also be disbursed. The petitioner shall produce a copy of the judgment along with the copy of the Division Bench judgment before the authority concerned for compliance. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms