IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 23RD SEPTEMBER 2009 / 1ST ASWINA 1931 WP(C).No. 26324 of 2009(I) -------------------------- PETITIONER(S): --------------- ASAMOL.K.S., W/O. K.RAMANCHANDRAN NAIR AGED 30 YEARS, DRAWING TEACHER,HIGHER SECONDARY SCHOOL, VENGANOOR, TRIVANDRUM DIST. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): --------------- 1. THE STATE OF KERALA REP. 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 THIRUVANANTHAPURAM. 4. THE DISTRICT EDUCATIONAL OFFICER NEYYATTINKARA, THIRUVANANTHAPURAM. 5. THE MANAGER, HIGHER SECONDARY SCHOOL FOR GIRLS VENGANOOR, THIRUVANANTHAPURAM DISTRICT. GOVT. PLEADER SRI. T.T.MOHAMMED This writ petition having come up for admission on 23/9/2009, the Court on the same day delivered the following; ANTONY DOMINIC,J. --------------------- W.P.(C).No.26324 OF 2009 ------------------------ Dated this the 23rd day of September, 2009. JUDGMENT In this writ petition the challenge is against Ext.P1 approving the appointment of the petitioner for the period from 6.7.2009 to 31.3.2010, on daily wage basis. In terms of the GO (P).No.104/08/G.Edn dated 10.6.2008, although the vacancy in question was regular. In view of the provisions contained in Rule 7A(3) of Chapter XIV-A KER a Division Bench of this court in Unninarayanan V. State of Kerala (2009(2) KLT 604) has held the Government order to be ultra vires and illegal. In view of the aforesaid judgment and the statutory provision, the petitioner is entitled to succeed. 2. However, the Government Pleader points out that an SLP has already been filed against the judgment and the fact remains that no stay order has so far been obtained. 3. In view of the above the writ petition is disposed of quashing Ext.P1 to the extent the approval is accorded for the WP(c).No.26324/09 2 aforesaid period only on daily wages and directing the 4th respondent to approve the appointment of the petitioner for the aforesaid period and disburse salary and allowance in the scale of pay of Drawing Teacher. However, it is made clear the consequential action as above shall be subject to the result of the SLP if any that is filed by the respondents against the judgment of the Division Bench and on the petitioner furnishing an undertaking to the effect that benefits received will be reimbursed. Orders as above shall be passed as expeditiously as possible and at any rate within 8 weeks from the date of production of a copy of the judgment. (ANTONY DOMINIC) JUDGE vi/