IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 21ST OCTOBER 2009 / 29TH ASWINA 1931 WP(C).No. 29733 of 2009(J) -------------------------- PETITIONER(S): --------------- AYISHA THASNEEM.K.P., AGED 22 YEARS, W/O.RIYAS, LOWER PRIMARY SCHOOL ASSISTANT A.M.L.P.SCHOOL, PARAPUR WEST NEW, P.O.PARAPUR, MALAPPLURAM DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION JAGATHY, THIRUVANANTHAPURAM-14. 3. THE DEPUTY DIRECTOR OF EDUCATION MALAPPURAM DISTRICT. 4. THE ASSISTANT EDUCATIOANAL OFFICER, VENGARA, MALAPPURAM DISTRICT. 5. THE MANAGER, A.M.L.P.SCHOOL, PARAPUR WEST NEW, P.O.PARAPUR, MALAPPURAM DISTRICT. SENIOR GOVERNMENT PLEADER, SHRI MUHAMOOD T.T THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.29733/2009-J ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 21st day of October, 2009 J U D G M E N T The petitioner was appointed as Lower Primary School Assistant from 17/08/2009 in A.M.L.P School, Parapur West New, Malappuram District. The appointment was against a resignation vacancy. The endorsement made in Ext.P1 shows that the appointment was approved as L.P.S.A on daily wage basis from 17/08/2009 to the closing date for the academic year 2009- 2010 and probationary from the re-opening date for the academic year 2010- 2011 onwards on scale of pay. The main contention raised by the petitioner is that the approval which is restricted on the daily wage basis for the academic year 2009-2010 goes against the dictum laid down by this Court in a batch of cases, reported in Unni Narayanan v. State of Kerala [2009 (2) KLT 604]. 2. It is also submitted that as the approval is granted based on Ext.P3 G.O, the validity of which was challenged in the above case, no reliance could have been placed on the Government Order by the Assistant Educational Officer. Reliance is also placed on Ext.P4, a judgment rendered by this Court in a similar matter. In Ext.P4, this Court quashed an W.P.(C). No.29733/2009 -:2:- order of approval granted by the Educational Officer, similarly on a daily wage basis. It was made clear that the consequential action will be subject to the SLP if any filed by the respondents against the judgment of the Division Bench and it was also directed that the petitioner therein should file an undertaking to the effect that benefits received will be reimbursed. 3. Therefore, in the light of the above, Ext.P1 to the extent to which the approval is granted only on daily wage basis from 17/08/2009 to the closing date for the academic year 2009-10 is quashed. The fourth respondent is directed to approve the appointment of the petitioner for the aforesaid period and disburse the salary and allowance in the scale of pay of L.P.S.A. Further, it is made clear that the consequential action as above will be subject to the result of the Special Leave Petition pending against the judgment of the Division Bench in Unni Narayanan's case [2009 (2) KLT 604] and on the petitioner furnishing an undertaking to the effect that benefits received will be reimbursed. Orders as above shall be passed within a period of two months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms