IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 8TH JULY 2009 / 17TH ASHADHA 1931 WP(C).No. 17541 of 2009(K) ---------------------------------- PETITIONERS: ---------------- 1. K.VENUGOPALAN, MANAGER, HIGHER SECONDARY SCHOOL, CHALAVARA, P.O.CHALAVARA, PALAKKAD DISTRICT. 2. P.K.PRASANNA, MANAGER, A.L.P.SCHOOL, ITTONAM, P.O.CHATHANUR, VIA PERINGODE, PALAKKAD DISTRICT. 3. P.M.VASUDEVAN NAMBOODIRIPAD, MANAGER, A.U.P.SCHOOL, PATHAIKARA P.O., PERINTALMANNA, MALAPPURAM DISTRICT. 4. V.MUHAMMED, MANAGER, A.M.U.P.SCHOOL, KUNNAPPALLI P.O., PERINTALMANNA VIA., MALAPPURAM DISTRICT. BY ADVS. MR.T.RAMPRASAD UNNI MS.SMITHA GEORGE RESPONDENTS: -------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF PUBLIC INSTRUCTIONS, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM. 4. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTION, PALAKKAD. WP(C).No. 17541 of 2009 5. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTION, MALAPPURAM. 6. THE DISTRICT EDUCATIONAL OFFICER, OTTAPALAM. 7. THE DISTRICT EDUCATIONAL OFFICER, MALAPPURAM. 8. THE ASSISTANT EDUCATIONAL OFFICER, PERINTALMANNA. 9. THE ASSISTANT EDUCATIONAL OFFICER, SHORNUR. 10. THE ASSISTANT EDUCATIONAL OFFICER, THRITHALA. GOVERNMENT PLEADER MR. A.J. VARGHESE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.17541 OF 2009 --------------------------------------- Dated this the 8th day of July, 2009. J U D G M E N T The petitioners herein are the Managers of various schools. They are aggrieved by the Government Orders namely, Exhibits P1 to P3 by which approval for appointments of certain duration have been restricted to daily wage basis. 2. Along with I.A.No.8229/2009, the petitioners have produced Exhibits P4 to P9 the respective orders passed by the Educational Authorities and Appellate Authorities whereby appointments have been approved only on daily wage basis. 3. Exhibit P4 shows that appointment has been made in a retirement vacancy and it was approved only on daily wage basis relying upon G.O.(P) No.104/2008/G.Edn dated 10.06.2008. Exhibit P5 is the order passed by the Deputy Director of Education wherein the appeal of the Manager was rejected. Exhibit P6 is the order passed by the Director of Public Instruction again refusing to interfere with the orders passed by the lower authorities. W.P.(C) No.17541/2009 2 4. Exhibit P7 relates to second petitioner. There the appointment was against a leave vacancy for the duration from 01.12.2008 to 30.11.2013. The proposal for approval was rejected relying upon G.O.(P)No.104/2008/G.Edn dated 10.06.2008. Exhibit P8 is in respect of the third petitioner's school wherein the appointment was made in a retirement vacancy and the approval was rejected as the Manager was unwilling to get the approval of appointment as daily wages. Exhibit P9 shows that the appointment was in a resignation vacancy and the proposal for approval was rejected stating that it can be approved only on daily wage basis. The petitioners challenge Exhibits P1 to P3 Government Orders. 5. The matter is covered by the decision of a Division Bench of this Court in Unni Narayanan vs. State of Kerala (2009(2) KLT 604). It was held in paragraph 7 of the judgment that the offending conditions in Exhibit P2 Government Order cannot stand with the statutory rules. Therefore, for enforcing them, the relevant rules require amendment. As long as the rules are not amended, Exhibit P2 cannot be pressed into W.P.(C) No.17541/2009 3 service by the Government. Exhibit P2 therein is Exhibit P3 herein. 6. Finally, in paragraph 12, the following directions were issued: “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, Exhibits P4 to P9 to the extent to which approval is granted only on daily wage basis are quashed. The respective Educational Officers will pass fresh orders in the light of the directions issued by the Division Bench above which will govern this case also. Appropriate orders shall be passed within a period of two months from the date of receipt of a copy W.P.(C) No.17541/2009 4 of this judgment, after hearing the petitioners. The petitioners will produce a copy of this judgment along with copy of the judgment of the Division Bench referred to above before the Educational Officers concerned for compliance. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp