IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 17TH JUNE 2009 / 27TH JYAISHTA 1931 WP(C).No. 15805 of 2009(U) -------------------------------- PETITIONERS: ---------------- 1. SMITHA THOMAS, H.S.A (ENGLISH), ST.RITA'S H.S., PONNURUNNY. 2. ANNIE HILDA, H.S.A. NATURAL SCIENCE, SANTACRUZ H.S., OCHANTHURUTH. 3. BABITHA MATHEW, H.S.A. ENGLISH, ST.ALBERT'S H.S., ERNAKULAM. BY MR.BABU VARGHESE, ADVOCATE. RESPONDENTS: ------------------ 1. CORPORATE EDUCATIONAL AGENCY, ARCH DIOCESE OF VERAPOLY, ST.ALBERT'S H.S.S. CAMPUS, KOCHI - 682 018. 2. THE STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 4. THE DEPUTY DIRECTOR (EDUCATION), ERNAKULAM. 5. THE DISTRICT EDUCATIONAL OFFICER, ERNAKULAM. BY MR. A.J. VARGHESE, SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.15805 OF 2009 --------------------------------------- Dated this the 17th day of June, 2009. J U D G M E N T The petitioners herein are working as High School Assistants in the St.Rita's H.S, Ponnurunny, Santacruz H.S, Ochanthuruth, St. Albert's H.S, Ernakulam. 2. The main grievance raised by the petitioners is regarding the orders passed granting approval of their appointments on daily wage basis against permanent vacancies to which they were appointed. The first petitioner was appointed as H.S.A (English) in St. Rita's H.S, Ponnurunny on daily wages from 17.07.2008 to 31.03.2009 in a permanent vacancy of Smt.Annie K. Thomas, H.S.A (English) who was transferred to St. Albert's T.T.I, Ernakulam with effect from 17.07.2008. The second petitioner was appointed as H.S.A (Natural Science) in a permanent vacancy in Santa Cruz H.S, Ochanthuruth from 15.09.2008 onwards which arose due to the resignation of Smt. Agnes Lilly W.P.(C) No.15805/2009 2 from service with effect from 07.08.2008 to join as H.S.S.T in Government service. The third petitioner was appointed on daily wages from 08.07.2008 to 31.03.2009 in St.Albert's H.S, Ernakulam in a permanent vacancy. Exhibits P1, P1(a) and P1(b) are the orders of appointment. 3. The appointments were made on daily wage basis evidently in the light of G.O.(P) No.104/2008/G.Edn dated 10.06.2008, which is produced as Exhibit P2 herein. Exhibit P2(a) is the copy of G.O.(P) No.169/2004/G.Edn dated 15.06.2004. Earlier the Government Orders were under challenge in W.P.(C) No.22780/2008 wherein this Court was pleased to pass an interim order also. 4. After the interim order was passed in the said writ petition, appointment orders issued in favour of the petitioners were modified and Exhibits P3, P3(a) and P3(b) were forwarded by the Manager to the District Educational Officer. In respect of the third petitioner, Exhibit P4(c) order has been passed stating that orders once issued cannot be revised without appellate orders from the authority competent. W.P.(C) No.15805/2009 3 5. Presently, the matter is covered by a Division Bench decision of this Court in Unni Narayanan vs. State of Kerala (2009(2) KLT 604), a copy of which is produced as Exhibit P5 in this writ petition. The validity of Exhibit P2 Government Order was under challenge therein. In paragraph 7 of the said judgment, it was held that the 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. Ultimately, 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 shall W.P.(C) No.15805/2009 4 be completed within six weeks from the date of production of a copy of this judgment”. In the light of the above dictum laid down by the Division Bench, the petitioners are entitled to succeed in the writ petition. Therefore, this writ petition is allowed. The orders granting approval on daily wage basis will be reconsidered by the competent authority namely, the 5th respondent and appropriate orders regarding approval in respect of the petitioners will be passed in accordance with the directions of the Division Bench in the above mentioned judgment within a period of two months from the date of receipt of a copy of this judgment. T.R. RAMACHANDRAN NAIR JUDGE smp