IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 25TH MAY 2009 / 4TH JYAISHTA 1931 WP(C).No. 3053 of 2009(L) --------------------------------------- PETITIONER(S): ------------------------ AHAMMED NIZAMUDHEEN KOTTAYIL, AGED 30 YEARS, S/O. ABDULSALAM, HIGH SCHOOL ASSISTANT (ENGLISH), BAFFAKKI YATHEEN KHANA VOCATIONAL HIGHER SECONDARY SCHOOL, VALAVANNUR, TIRUR, MALAPPURAM 675 561. 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 DISTRICT EDUCATIONAL OFFICER, TIRUR, MALAPPURAM DISTRICT. 4. THE MANAGER BAFFAKKI YATHEEN KHANA VOCATIONAL HIGHER SECONDARY SCHOOL, VALAVANNUR, TIRUR, MALAPPURAM 675 561. R1 TO R3 BY SR. GOVERNMENT PLEADER MR. MOHAMOOD T.T. R4 BY ADV. SRI.A.A.ABUL HASSAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/05/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.3053/2009 L APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE LETTER NO.27154/F2/08/G.EDN. OF THE GOVERNMENT DTD. 03/09/2008. P2: COPY OF THE ORDER OF APPOINTMENT AND APPROVAL THEREOF DTD. 06/06/2006. P3: COPY OF THE G.O.(P) NO.169/04/G.EDN. OF THE GOVERNMENT DTD. 15/06/2004. P4: COPY OF THE G.O.(P) NO.31/2006/GE OF THE GOVERNMENT DTD. 19/01/2006. P5: COPY OF THE ORDER NO.49229/L3/06/GE OF THE GOVERNMENT DTD. 25/05/2007. P6: COPY OF THE G.O.(P) NO.104/2008/G.EDN. OF THE GOVERNMENT DTD. 10/06/2008. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.3053 of 2009-L - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of May, 2009. JUDGMENT The petitioner was appointed as High School Assistant (English) on 6.6.2006 against a resignation vacancy in the school managed by the 4th respondent. Initially, the approval was rejected and the Government thereafter by Ext.P1, directed the District Educational Officer to approve the appointment of the petitioner on daily wages from 6.6.2006 to 31.3.2007 and on regular basis from the next academic year onwards on re- appointment if the duration of re-appointment period is not less than one full academic year in terms of G.O.(P) No.104/2008/G.Edn. dated 10.6.2008 and if he is otherwise eligible as per the Kerala Education Rules. Accordingly, the District Educational Officer passed orders as per Ext.P2. The petitioner has approached this court challenging Ext.P6 and the orders restricting the approval of appointment on daily wages. 2. Admittedly, the issue is covered in favour of the petitioner by the judgment of a Division Bench of this court in Unni Narayanan v. State of Kerala (2009 (2) KLT 604). Ext.P6 Govt. Order was held not to be enforced. This court has held that if the vacancy is having a duration of wpc 3053/2009 2 one academic year or more, appointment can be made to fill up the same. In such cases, even if there is some delay in making the appointment, such appointment will have to be approved. There is a direction to the authorities to pass fresh orders in the matter. 3. Therefore, the writ petition is allowed. Exts.P1 and P2 to the extent it grants approval on daily wages, is set aside. The third respondent will pass fresh orders in the matter within a period of two months from the date of receipt of a copy of this judgment in the light of the binding directions contained in the judgment of the Division Bench referred to above. No costs. (T.R. Ramachandran Nair, Judge.) kav/