IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 23RD JUNE 2009 / 2ND ASHADHA 1931 WP(C).No. 7212 of 2009(V) ---------------------------------------- PETITIONER(S): ----------------------- V.L. BAIJA, AGED 29 YEARS, W/O. J. SHYAM, UPPER PRIMARY SCHOOL ASSISTANT, S.N.V. HIGHER SECONDARY SCHOOL, ANGADICAL SOUTH, PATHANAMTHITTA DISTRICT. BY ADVS. MR.V.A.MUHAMMED MR.K.E.HAMZA RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM-14. 3. THE DEPUTY DIRECTOR OF EDUCATION, PATHANAMTHITTA. 4. THE DISTRICT EDUCATIONAL OFFICER, PATHANAMTHITTA. 5. THE MANAGER, S.N.V. HIGHER SECONDARY SCHOOL, ANAGADICAL SOUTH, PATHANAMTHITTA. BY GOVT. PLEADER SMT.T.B.RAMANI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.7212/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE G.O.(P) NO.169/04/G.EDN. OF THE GOVERNMENT DT. 15.6.04. P2:- COPY OF THE G.O.(P) NO.31/06/G.EDN. OF THE GOVERNMENT DT. 19.1.06. P3:- COPY OF THE LETTER NO.49229/L2/06/G.EDN OF THE GOVERNMENT DT. 25.5.07. P4:- COPY OF THE LETTER NO.3541/H2/07/G.EDN. OF THE GOVERNMENT DT. 25.3.0.8. P5:- COPY OF THE G.O.(P) NO.104/08 /G.EDN. OF THE GOVERNMENT DT. 10.6.08. P6:- COPY OF THE ORDER IN WPC. NO.29199/08-A OF THIS HONOURABLE COURT DT. 3.10.08. P7:- COPY OF THE ORDER OF APPOINTMENT OF THE PETITIONER DT. 25.8.08. TRUE COPY P.S. TO JUDGE TSS T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.7212 of 2009-V - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of June, 2009. JUDGMENT The petitioner was appointed as U.P.S.A. by the 5th respondent, with effect from 25.8.2008 against the vacancy of Smt. S. Deepa who was promoted as H.S.A. (Maths). But the appointment of the petitioner was approved from 25.8.2008 to 31.3.2009 on daily wage basis, which is evident from Ext.P7. The approval is restricted to daily wage basis, in view of G.O. (P) No.104/2008/G.Edn. dated 10.6.2008 which is produced herein as Ext.P5. 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. Ext.P5 herein, was under challenge in those cases. 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 wpc 7212/2009 2 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, Ext.P7 to the extent to which approval is given only on daily wages basis is quashed. The fourth 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 fourth respondent for compliance. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/