IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 13TH JULY 2009 / 22ND ASHADHA 1931 WP(C).No. 19453 of 2009(B) -------------------------------- PETITIONERS: ---------------- 1. JAMES E.J., U.P.S.A., ST.GEORGE'S HIGH SCHOOL, VILANGAD, KOZHIKODE DISTRICT. 2. BOBY THOMAS A.T., U.P.S.A., ST.MARY'S HIGH SCHOOL, MARUDOMKARA, KOZHIKODE DISTRICT. BY MR.P.J.MATHEW, ADVOCATE. MR.K.B.ARUNKUMAR, ADVOCATE. RESPONDENTS: ------------------ 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT EDUCATIONAL OFFICER, VATAKARA, KOZHIKODE DISTRICT. 3. CORPORATE MANAGER, CORPORATE EDUCATIONAL AGENCY, DIOCESE OF THAMARASSERY, KOZHIKODE DISTRICT. BY MR. A.J. VARGHESE, SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.19453 OF 2009 --------------------------------------- Dated this the 13th day of July, 2009. J U D G M E N T The petitioners herein are working as Upper Primary School Assistants under the 3rd respondent-Manager. The 1st petitioner was appointed as U.P.S.A with effect from 02.07.2008 in a regular vacancy which arose due to the promotion of Smt.Tessy Sebastian, U.P.S.A as H.S.A. Exhibit P1 is the copy of the order of appointment. The 2nd petitioner was appointed as U.P.S.A in St.Mary's High School, Marudomkara with effect from 26.06.2008 in a vacancy that arose due to promotion of Sr.Sheeba M.J., U.P.S.A as H.S.A (Natural Science). Exhibit P2 is the copy of the order of appointment. 2. It is pointed out that the appointments of the respective Teachers have already been approved. The endorsement in the appointment orders shows that the approval have been granted on daily wage basis from the respective dates of appointment till March 2009. Presumably, the orders are passed in the light of W.P.(C) No.19453/2009 2 Exhibit P3 Government Order, G.O.(P) No.104/2008/G.Edn dated 10.06.2008, which is under challenge in this writ petition. 3. The validity of Exhibit P3 Government Order was under challenge in various writ petitions before this Court and a Division Bench of this Court in Unni Narayanan vs. State of Kerala (2009(2) KLT 604) has held in paragraph 7 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 service by the Government. 4. 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 W.P.(C) No.19453/2009 3 shall be completed within six weeks from the date of production of a copy of this judgment”. In the light of the above, Exhibits P1 and P2 to the extent to which approval is given only on daily wage basis are quashed. The District Educational Officer 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 of this judgment. The petitioners will produce a copy of this judgment along with copy of the judgment of the Division Bench referred to above before the District Educational Officer for compliance. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp