IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 23RD JUNE 2009 / 2ND ASHADHA 1931 WP(C).No. 17269 of 2009(C) -------------------------- PETITIONER(S): --------------- SAMGEETHA P.S., AGED 25 YEARS, W/O.A.BIJU, LPSA, A.M.LOWER PRIMARY SCHOOL, MANNARMALA, PERINTHALMANNA, MALAPPURAM- 679 322. BY ADV. SRI.P.M.MOHAMMED SHIRAZ SMT.G.R.MANJU RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVT. OF KERALA, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. ASST.EDUCATION OFFICER, MELATTUR, MALAPPURAM. 3. DISTRICT EDUCATION OFFICER, WANDOOR, MALAPPURAM. SENIOR GOVERNMENT PLEADER, SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 17269 of 2009-C - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of June, 2009. JUDGMENT The petitioner was appointed as L.P.S.A. in A.M. Lower Primary School, Mannarmala with effect from 7.6.2008, in a retirement vacancy. Ext.P1 is the said appointment order. The Manager submitted the proposal for approval of appointment of the petitioner, before the second respondent. The second respondent directed the Manager to obtain the consent of the petitioner to approve the appointment on daily wages, in view of G.O.(P) No.104/2008/G.Edn. dated 10.6.2008. The Manager again requested the second respondent to approve the appointment stating that the said Govt. Order is not applicable to the petitioner. But the second respodent rejected the request as per Ext.P3. Ext.P4 is the Govt. Order dated 10.6.2008. The Manager filed an appeal as Ext.P5, before the third respondent against Ext.P3. It is submitted that the said appeal has not been disposed of so far. The petitioner also submitted Ext.P6 representation to the Government seeking approval of her appointment. 2. This court in a batch of cases, reported in Unni Narayanan v. State of Kerala (2009 (2) KLT 604) held that without amending the wpc 17269/2009 2 statutory rules, a Government Order cannot be pressed into service. Ext.P4 herein, was under challenge in those cases. 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 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. In the light of the above, Exts. P2 and P3 by which approval of appointment of the petitioner on regular basis is rejected, are quashed. The wpc 17269/2009 3 second respondent will pass fresh orders in the light of the findings rendered by the Division Bench in the above decision, within a period of two months from the date of receipt of a copy of this judgment. In the light of the direction issued as above, the appeal filed by the Manager, Ext.P5 and Ext.P6 representation filed by the petitioner have become unnecessary. The petitioner will produce a copy of this judgment along with a copy of the judgment of the Division Bench referred to above, before the second respondent for compliance. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/