IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 7TH JULY 2009 / 16TH ASHADHA 1931 WP(C).No. 18580 of 2009(N) -------------------------- PETITIONER(S): --------------- 1. ANCY ANTO, HIGH SCHOOL ASSISTANT (MALAYALAM), LITTLE FLOWER CONVENT - GIRLS HIGH SCHOOL, OLARIKKARA, THRISSUR DISTRICT. 2. SILVI P.J., U.P. SCHOOL ASSISTANT, LITTLE FLOWER GIRLS HIGH SCHOOL, CHELAKKARA, THRISSUR DISTRICT. 3. ROSE MARY DAVIS, U.P. SCHOOL ASSISTANT, LITTLE FLOWER GIRLS HIGH SCHOOL, CHELAKKARA, THRISSUR DISTRICT. 4. GINI GEORGE, U.P. SCHOOL ASSISTANT, HOLY FAMILY CONVENT GIRLS- HIGH SCHOOL, CHEMBUKAVU, THRISSUR DISTRICT. 5. LIN BASTIAN V., L.P. SCHOOL ASSISTANT, LITTLE FLOWER L.P.SCHOOL, CHELAKKARA, THRISSUR DISTRICT. 6. RESHMI JACOB E., L.P. SCHOOL ASSISTANT, N.M.L.P.SCHOOL, VENGANELLUR, THRISSUR DISTRICT. 7. MEGHA THOMAS, L.P. SCHOOL ASSISTANT, N.M.L.P.SCHOOL, VENGANELLUR, THRISSUR DISTRICT. 8. ROSE THERESE JAMES A., L.P. SCHOOL ASSISTANT, N.M.L.P.SCHOOL, VENGANELLUR, THRISSUR DISTRICT. 9. JISSA ISSAC M., L.P. SCHOOL ASSISTANT, N.M.L.P.SCHOOL, VENGANELLUR, THRISSUR DISTRICT. 10. GEETHA PAUL P., U.P. SCHOOL ASSISTANT, LITTLE FLOWER GIRLS HIGH SCHOOL, CHELAKKARA, THRISSUR. 11. ENSA A. VARGHESE, L.P.SCHOOL ASSISTANT, N.M.L.P.SCHOOL, VENGANELLUR, THRISSUR DISTRICT. BY ADV. SRI.N.P.SAMUEL SRI.B.K.PURUSHOTHAMAN WP(C).No. 18580 of 2009(N) RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT EDUCATIONAL OFFICER, DISTRICT EDUCATIONAL OFFICE, THRISSUR. 3. DISTRICT EDUCATIONAL OFFICER, CHAVAKKAD, THRISSUR DISTRICT. 4. THE ASSISTANT EDUCATIONAL OFFICER, WADAKKANCHERRY, THRISSUR DISTRICT. 5. THE CORPORATE MANAGER, NAVAJYOTHI EDUCATIONAL AGENCY, OLARIKKARA, P.O.PULLAZHI, THRISSUR DISTRICT. SENIOR GOVERNMENT PLEADER, SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.18580/2009-N ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 7th day of July, 2009 J U D G M E N T The petitioners herein have all been appointed in the schools managed by the fifth respondent Corporate Manager. The details of appointment including the dates, nature of vacancy etc. are stated in paragraph (2) of the writ petition. It is averred that the respondents 2 to 4 rejected approval of the appointments of petitioners 1 to 9 and 11 and, approved the appointment of the tenth petitioner only for part of the duration of the vacancy, that is, till 31/03/2009, mainly on the basis of G.O.(P).No.104/2008/G.Edn. dated 10/06/2008, which is produced as Ext.P1. 2. The petitioners challenge Exts.P2 to P12, the orders of rejection and Ext.P1 Government Order in the light of the decision of this Court in Unni Narayanan v. State of Kerala (2009 (2) KLT 604), a copy of which is produced as Ext.P13 here. In the said case, the Division Bench considered the matter in detail and 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 W.P.(C). No.18580/2009 -:2:- 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. It is pointed out that even though the Manager filed applications before the third respondent to reconsider the orders in the light of the decision of the Division Bench in Unni Narayanan’s case [2009 (2) KLT 604], by Exts.P14 and P15 they have been returned by the District Educational Officer stating that the judgment in Ext.P13 is applicable only to the petitioners therein and therefore, the request cannot be considered. 4. The declaration of law made by the Division Bench is applicable in the case of the petitioners herein also. Therefore, the view W.P.(C). No.18580/2009 -:3:- taken in Exts.P14 and P15 cannot be sustained and, therefore, they are set aside. Hence, the matter will have to be reconsidered by the District Educational Officer in the light of the directions issued by the Division Bench in the above judgment. The District Educational Officer will reconsider the matter as above and pass appropriate orders within two months from the date of receipt of the copy of this judgment, after hearing the petitioners and the Manager. 5. The learned Government Pleader submitted that as far as the second petitioner is concerned, the appointment is made in an anticipated additional post of U.P.S.A with effect from 02/06/2007 onwards and, therefore, the principle stated by the Division Bench may not apply in her case. The learned counsel for the petitioners submitted that in the Rule 12 of Chapter XXIII, K.E.R, the second petitioner’s appointment is also liable to be approved. The said aspect will also be considered by the District Educational Officer while passing orders as directed above. The writ petitioners will produce a copy of the writ petition along with a copy of this judgment before the District Educational Officer for compliance. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms