IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 24TH MARCH 2011 / 3RD CHAITHRA 1933 WP(C).No. 37348 of 2010(P) --------------------------------------- PETITIONER(S): ------------------------ SAJEEV KUMAR K., AGED 26 YEARS, S/O.RAMAKRISHNAN K. LOWER PRIMARY SCHOOL ASSISTANT, A.U.P. SCHOOL, PALLIKKAL CHERUTHURUTHI, TRICHUR. BY ADV. SRI.U.BALAGANGADHARAN RESPONDENT(S): -------------------------- 1. THE STATE OF KREALA, REPRESENTED BY SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM - 695 001. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM - 695 001. 3. THE DISTRICT EDUCATIONAL OFFICER, CHAVAKKAD, TRICHUR - 680 506 4. THE ASSISTANT EDUCATIONAL OFFICER, WADAKKANCHERRY, TRICHUR-680 582. 5. THE MANAGER, A.U.P.SCHOOL, CHRUTHURUTHI, PALLIKKAL, TRICHUR - 680 732. R1 TO R4 BY SENIOR GOVERNMENT PLEADER SMT.M.R.SREELATHA R5 BY ADV. SRI.P.K.SAJEEV THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.37348/2010 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE APPOINTMENT ORDER DATED 19/11/2004 ISSUED BY THE MANAGER. P2 COPY OF THE APPOINTMENT ORDER 1/6/2005 ISSUED BY THE MANAGER. P3 COPY OF THE REVISION PETITION FILED BY THE PETITIONER TO THE GOVT. NIL DATED. P4 COPY OF THE GOVT. LETTER NO.58602/B2/10G.EDN DATED 8/10/2010. P5 COPY OF THE SENIORITY (STAFF)LIST ISSUED BY THE MANAGER DATED NIL. P6 COPY OF THE LETTERNO.5652/09 DATED 20/11/2010 ISSUED BY THE 4TH RESPONDENT. P7 COPY OF THE GO(P)56/11/G.EDN DATED 26/2/2011. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.37348 OF 2010 --------------------------------------- Dated this the 24th day of March, 2011. J U D G M E N T The petitioner herein is working as Lower Primary School Assistant in the A.U.P.School, Pallikkal. The challenge in the writ petition is with regard to the approval granted as per Exts.P4 and P6. The approval of the petitioner as evident from Ext.P1 is on daily wage basis from 19.11.2004 to 31.03.2005 as per G.O.(P) No.169/04/G.Edn. Dated 15.06.2004 and based on another Government Order. 2. The Government rejected the claim as per Ext.P4 when a revision petition was taken up by the petitioner against the order of approval. Ext.P4 order is passed in the light of G.O.(P) No.169/2004/G.Edn dated 15.06.2004. 3. Learned counsel for the petitioner has produced along with I.A.No.5119/2011 a copy of Ext.P7 Government Order which is issued in modification of G.O.(P)No.169/2004/G.Edn. dated 15.06.2004 and G.O.(P)No.104/08/G.Edn. Dated 10.06.2008. W.P.(C) No.37348/2010 2 In that view of the matter, Ext.P4 order will stand set aside for reconsidering the matter in the light of Ext.P7 Government Order dated 26.02.2011. Appropriate orders will be passed, after hearing the petitioner, within a period of three months from the date of receipt of a copy of this judgment. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp