IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 22ND OCTOBER 2009 / 30TH ASWINA 1931 WP(C).No. 22997 of 2009(T) -------------------------------------- PETITIONER: ------------------- SIMI ANNA MATHEW, H.S.S.T.(JUNIOR) ST.THOMAS HIGHER SECONDARY SCHOOL, KOZHENCHERRY, PATHANAMTHITTA DISTRICT. BY ADVS. MR.R.SANTHOSH BABU, MR.SHYAM T. MATHEW. RESPONDENTS: ------------------------ 1. STATE OF KERALA,REPRESENTED BY SERETARY, TO GOVERNMENT GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. DISTRICT EDUCATIONAL OFFICER, KOTTAYAM. 4. THE CORPORATE MANAGER, MARTHOMA & E.A.SCHOOLS, SCS CAMPUS, THIRUVALLA. R1 TO R3 BY SR. GOVT. PLEADER SMT. M.R. SREELATHA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.22997/2009-T: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE MEMO DTD. 12/01/2008 ISSUED BY MANAGER 4TH RESPONDENT. EXT.P.2: COPY OF THE PROCEEDINGS OF R.4. DTD. 12/06/08. EXT.P.3: COPY OF THE MEMO DTD. 08/01/09 OF MANAGER, ST. THOMAS MARTHOMA EDAVAKA A.S. BOARD. EXT.P.4: COPY OF THE ORDER DTD. 10/06/2008 OF R.1. EXT.P.5: COPY OF THE PROCEEDINGS DTD. 05/05/09 OF R.3. EXT.P.6: COPY OF THE JUDGMENT IN W.P.(C).475/2009(F) DTD. 06/04/2009. EXT.P.7: COPY OF THE REPRESENTATION OF PETITIONER TO D.E.O, KOTTAYAM. EXT.P.8: COPY OF THE REPRESENTATION OF R.4. MANAGER TO TO R3. DTD. 02/06/09. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.22997 OF 2009 --------------------------------------- Dated this the 22nd day of October, 2009. J U D G M E N T The petitioner herein was appointed as H.S.A English in M.T.S.H.S.S., Kottayam with effect from 14.01.2008 to 12.07.2010 in the long leave vacancy of one Smt.Thankam Mathews, H.S.A English for the period from 01.01.2008 to 12.07.2010. The said person cancelled her leave and rejoined duty on 16.06.2008, before the expiry of the sanctioned leave. Thereafter, the petitioner was shifted from the said leave vacancy. As there was another L.W.A. vacancy in M.T.S.H.S.S, Kottayam, the petitioner was appointed there in the said vacancy of Sri.Roshan K.John who was granted L.W.A from 01.04.2008 to 28.02.2013. Till she joined as H.S.S.T in St. Thomas Higher Secondary School, Kozhencherry, the petitioner is stated to have continued there. 2. By Exhibit P4, the Government stipulated certain conditions regarding the grant of approval. In terms of W.P.(C) No.22997/2009 2 Exhibit P4, the 3rd respondent passed an order Exhibit P5 whereby the period of appointment from 14.01.2008 to 11.03.2008 has been approved only on daily wages. No orders have been passed regarding the later period. 3. The petitioner thereafter, filed Exhibit P7 representation in the matter. Exhibit P8 is the representation filed by the Manager. The petitioner is relying upon Exhibit P6 judgment of a Division Bench of this Court wherein the validity of Exhibit P4 was adjudicated. In paragraph 7 it was held that, the offending conditions in Exhibit P2 Government Order cannot stand with statutory rules. It was held thus in paragraph 12 of Exhibit P6: “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 W.P.(C) No.22997/2009 3 be completed within six weeks from the date of production of a copy of this judgment”. In the light of the decision of the Division Bench referred to above, the restriction of approval on daily wage basis as ordered in Exhibit P5 cannot be sustained. Therefore, it is set aside. There will be a direction to the District Educational Officer, Kottayam to consider and pass orders on the proposal for approval along with Exhibit P7 representation filed by the petitioner within a period of two months from the date of receipt of a copy of this judgment. The petitioner will be entitled for the consequential monetary benefits also if the appointments are approved. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp