IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 8TH JUNE 2009 / 18TH JYAISHTA 1931 WP(C).No. 9615 of 2009(V) ------------------------------------ PETITIONER(S): ----------------------- MAYALEKSHMI.V, I.P.S.A,A.P.M.I.P.S. (AYYAPPAN MEMORIAL LOWER PRIMARY SCHOOL), KOTTAKKATTUSSERIKARA,NOORANAD.I.S.P.O,NOORANAD. (USHUS, PEROORKARAMA, CHARUMOOD). BY ADV. MR.K.SASIKUMAR RESPONDENT(S): ------------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT,GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. DEPUTY DIRECTOR OF EDUCATION,ALAPPUZHA. 4. DISTRICT EDUCATIONAL OFFICER, MAVELIKARA. 5. ASSISTANT EDUCATIONAL OFFICER, KAYAMKULAM. 6. TEACHER IN CHARGE,A.P.M.L.P.SCHOOL, KOTTAKKATTUSSERIKARA, NOORANAD. 7. MANAGER,A.P.M.L.P.SCHOOL, KOTTAKKATTUSSERIKARA, NOORANAD. SR. GOVT. PLEADER SMT.T.B.RAMANY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.9615/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE STAFF FIXATION ORDER DT. 13.7.07 PASSED BY THE 5TH RESPONDENT IN THE SCHOOL FOR THE YEAR 07-08. P2:- COPY OF THE APPOINTMENT ORDER DT. 19.9.07 ISSUED BY THE 7TH RESPONDENT APPOINTING THE PETITIONER AS L.P.S.A. IN THE SCHOOL FROM 19.9.07. ONWARDS. P3:- COPY OF THE ORDER DT. 1.4.08 ISSUED BY THE 4TH RESPONDENT. P4:- COPY OF THE REVISION MEMORANDUM DT. 12.5.08. P5:- COPY OF THE ORDER DT. 2.6.08 ISSUED BY 7TH RESPONDENT. P6:- COPY OF THE ORDER DT. 13.8.08 ISSUED BY THE 2ND RESPONDENT. P7:- COPY OF THE MEMORANDUM OF REVISION DT. 13.10.08 FILED BY THE 7TH RESPONDENT MANAGER BEFORE THE IST RESPONDENT GOVERNMENT. P8:- COPY OF THE ORDER DT. 21.2.09 ISSUED BY THE IST RESPONDENT – GOVERNMENT. P9:- COPY OF THE GO(P) NO.169/04/EDN. DT. 15.6.04 ISSUED BY THE IST RESPONDENT. P10:- COPY OF THE CIRCULAR DT. 11.9.07 ISSUED BY THE 2ND RESPONDENT. P11:- COPY OF THE ORDER DT. 8.8.07 ISSUED BY THE IST RESPONDENT. P12:- COPY OF THE ORDER DT. 16.10.07 OF THE 2ND RESPONDENT. P13:- COPY OF THE ORDER DT. 6.11.07 OF THE 2ND RESPONDENT. P1:- COPY OF THE CONSEUENTIAL ORDER ISSUED BY THE ASSISTANT EDUCATIONAL OFFICER CONCERNED. P15:- COPY OF THE ORDER DT. 7.3.08 ISSUED BY THE ADDL. D.P.I. P16:- COPY OF THE GO(RT) NO.4285/08/G.EDN. DT. 25.9.08. TRUE COPY P.S. TO JUDGE TSS T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.9615 of 2009-V - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of June, 2009. JUDGMENT The petitioner herein is aggrieved by the direction issued by the Asst. Educational Officer to treat a portion of the period of appointment only on daily wages basis. The petitioner was appointed on 19.9.2007 in a regular permanent vacancy caused on the retirement of the Headmistress of the school and consequent promotion of another teacher as teacher in charge. Ext.P2 is the order of appointment. But the Asst. Educational Officer approved the appointment of the petitioner as L.P.S.A. on daily wages basis for the period from 19.9.2007 to 31.3.2008, going by the endorsement contained in Ext.P2. The Manager filed an appeal against the said order which was disposed of by Ext.P3 confirming the earlier order. This was also challenged by the Manager before the Director of Public Instruction, as per Ext.P4. While the revision petition was pending, another appointment order was issued as per Ext.P5. The revision petition was also rejected as per Ext.P6, against which Ext.P7 revision petition was filed before the Government. But the Government also rejected the same by Ext.P8. 2. The approval has been restricted to daily wage basis in the light of wpc 9615/2009 2 various Government Orders, one of which is G.O.(P) No.164/04/G.Edn. dated 15.6.2004. The petitioner is challenging the various orders issued by the statutory authorities in this writ petition, mainly on the ground that the vacancy to which the petitioner is appointed, extends beyond one academic year. 3. 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. It was held that “if the vacancy is having a duration of one academic year or more, appointment can be made to fill up 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 wpc 9615/2009 3 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.” 4. Accordingly, Ext.P2 in so far as it grants approval of appointment of the petitioner on daily wages basis and the orders passed in appeal and revision, viz. Exts.P3, P6 and P8 are also hereby quashed. There will be a direction to the Asst. Educational Officer to reconsider the application for approval and pass appropriate orders in the light of the findings rendered by the Division Bench in the above case, within a period of two months from the date of receipt of a copy of this judgment. The petitioner will produce a copy of this judgment and that of the Division Bench for compliance. The writ petition is allowed as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/