IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 26TH JUNE 2009 / 5TH ASHADHA 1931 WP(C).No. 17857 of 2009(B) -------------------------- PETITIONER(S): --------------- SREEJA.M., THEKKEPANATT HOUSE, CHINGAPURAM, UPSA, CKG MEMORIAL HIGH SCHOOL, CHINGAPURAM, VIA THIKKODI, KOZHIKODE DISTRICT. BY ADV. SRI.R.K.MURALEEDHARAN RESPONDENT(S): --------------- 1. THE DIRECTOR OF PUBLIC INSTRUCTION, TRIVANDRUM. 2. THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE. 3. THE DISTRICT EDUCATIONAL OFFICER, VADAKARA. SENIOR GOVERNMENT PLEADER, SRI.MUHAMOOD T.T. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 17857 of 2009-B - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of June, 2009. JUDGMENT The petitioner was appointed as UPSA in CKG Memorial High School, Chingapuram with effect from 4.10.2006 onwards in the vacancy of Shri T.P. Bhargavan who was promoted as H.S.A. (Natural Science). While granting approval, an objection was raised in the light of G.O.(P) No.104/08/G.Edn. dated 10.6.2008. The application for approval was rejected as per Ext.P2 by the third respondent. By Ext.P3, the appeal was also rejected. The Director of Public Instruction, as per Ext.P4 directed to approve the appointment with effect from 4.10.2006 to 31.3.2007 on daily wage basis and on regular basis from the next academic year onwards. 2. Presently, the petitioner is aggrieved by the direction in Ext.P4 by granting approval from 4.10.2006 to 31.3.2007 on daily wage basis. This court in a batch of cases, reported in Unni Narayanan v. State of Kerala (2009 (2) KLT 604) held that without amending the statutory rules, a Government Order cannot be pressed into service. Ext.P2 herein, was under challenge in those cases. It was held that “if the vacancy is having a duration of one academic year or more, appointment can be made to fill up wpc 17857/2009 2 the same. The term of appointment need not be co-terminus with the term of the vacancy. If, in fact, the vacancy is having a duration of one academic year or more, even if, there is some delay in making the appointment, such appointment will have to be approved.” Ultimately, in para 12, a direction was issued as follows: “12. 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.” 3. In the light of the above, P4 to the extent to which approval is given only on daily wages basis for the period from 4.10.2006 to 31.7.2007, is quashed. The third respondent will pass fresh orders in the light of the findings rendered by the Division Bench in the above decision, within a period of two months from the date of receipt of a copy of this judgment. wpc 17857/2009 3 The petitioner will produce a copy of this judgment along with a copy of the judgment of the Division Bench referred to above, before the third respondent for compliance. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/