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. 19493 of 2009(F) -------------------------------- PETITIONERS: ---------------- 1. RAJEENA JOSEPH, U.P.S.A., (RELIEVED), ST.JOSEPH'S U.P.SCHOOL, MYLELLAMPARA, KOZHIKODE DISTRICT. 2. ANUJA JOSEPH, U.P.S.A., (RELIEVED), NAZARETH U.P.SCHOOL, KATTIPPARA, 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 ASSISTANT EDUCATIONAL OFFICER, THAMARASSERY, 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.19493 OF 2009 --------------------------------------- Dated this the 13th day of July, 2009. J U D G M E N T The 1st petitioner was appointed as U.P.S.A in St.Joseph's U.P.School, Mylellampara with effect from 12.08.2008. The appointment was towards a regular/permanent vacancy that arose due to the promotion of Sri.Mathew Joseph, U.P.S.A as H.S.A and transferred to P.T.Chacko Memorial High School, Kunduthode on 11.08.2008. Exhibit P1 is the copy of the order of appointment. 2. The 2nd petitioner was appointed as U.P.S.A in Nazareth U.P. School, Kattippara with effect from 30.07.2008 in a regular vacancy that arose due to the promotion of Smt.Lovely K.Philip as Headmaster and was transferred to Nazareth L.P. School, Muthottickal. The appointments have been approved only on daily wage basis going by the endorsement made in Exhibits P1 and P2, in the light of Exhibit P3 Government Order dated 10.06.2008. These orders are under challenge in this writ petition. W.P.(C) No.19493/2009 2 3. The validity of Exhibit P3 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 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.19493/2009 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 Assistant 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 Assistant Educational Officer for compliance. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp