IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 25TH JUNE 2009 / 4TH ASHADHA 1931 WP(C).No. 6224 of 2009(W) ------------------------------- PETITIONERS: ---------------- 1. K.T. MATHEW, AGD 63 YEARS,S/O. THOMAS, MANAGER, T.M. VOCATIONAL HIGHER SECNDARY SECHOOL,PERUMPILAVU, THRISSUR DISTRICT. 2. RIYA P.I., UPPER PRIMARY SCHOOL ASSISTANT , DO. 3. RAJILAN K.R., DRAWING TEACHER DO. BY MR.V.A.MUHAMMED, ADVOCATE. MR.K.E.HAMZA, ADVOCATE. RESPONDENTS: ------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION JAGATHY, THIRUVANANTHAPURAM -14. 3. THE DEPUTY DIRECTOR OF EDUCATION, AYYANTHOLE, THRISSUR DIST. 4. THE DISTRICT EDUCATION OFFICER, CHAVAKKAD, THRISSUR DIST. BY MR. K. RAMESH, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.6224/2009 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF G.O.(P) No.169/04/G.EDN. OF the GOVT. DTD. 15.06.04. EXT. P2 : COPY OF G.O.(P) No.31/06/G.EDN OF THE GOVT. DTD. 19.1.06. EXT. P3 : COPY OF LETTER No.49229/L2/06/G.EDN OF GOVT. DTD. 25.5.07. EXT. P4 : COPY OF LETTER No.3541/H2/07/G.EDN. OF GOVT. DTD.25.3.08. EXT. P5 : COPY OF G.O.(P) No.104/2008/G.EDN. OF GOVT. DT.10.6.08. EXT. P6 : COPY OF ORDER IN W.P.(C) No.29199/2008-A OF THIS HON'BLE COURT DTD. 3.10.08. EXT. P7 : COPY OF ORDER OF APPOINTMENT OF 2ND PETITIONER DTD. 3.6.08. EXT. P8 : COPY OF ORDER OF APPOINTMENT OF 3RD PETITIONER DTD. 14.7.08. EXT. P9 : COPY OF APPEAL FILED BEFORE THE DEPUTY DIRECTOR DTD. 3.1.09. EXT. P10 : COPY OF APPEAL FILED BEFORE THE DEPUTY DIRECTOR DTD. 4.10.08. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.6224 OF 2009 --------------------------------------- Dated this the 25th day of June, 2009. J U D G M E N T The 1st petitioner is the Manager of T.M. Vocational Higher Secondary School, Perumpilavu in Thrissur District. He had appointed the 2nd and 3rd petitioners as Upper Primary School Assistant and Drawing Teacher from 03.06.2008 and 14.07.2008 onwards. These appointments were made on regular basis. The District Educational Officer approved the appointment of the petitioners only on daily wage basis upto the end of the academic year, by placing reliance on Exhibits P1 and P5 Government Orders. Exhibits P7 and P8 are copies of the orders of appointment. The appeals filed by the Manager before the Deputy Director of Education are produced as Exhibits P9 and P10. 2. The validity of Exhibit P5 Government Order, G.O.(P) No.104/2008/G.Edn dated 10.06.2008, was under challenge in various writ petitions before this Court and a Division Bench of W.P.(C) No.6224/2009 2 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. 3. 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 shall be completed within six weeks from the date of production of a copy of this judgment”. In the light of the above, Exhibits P7 and P8 to the extent to which approval is given only on daily wage basis are quashed. W.P.(C) No.6224/2009 3 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