IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 22ND JULY 2009 / 31ST ASHADHA 1931 WP(C).No. 20454 of 2009(B) -------------------------- PETITIONER(S): --------------- REKHA.T.BALAKRISHNAN, AGED 29 YEARS, W/O.SURESH KUMAR, UPPER PRIMARY SCHOOL ASSISTANT, NATIONAL HIGHER SECONDARY SCHOOL, ENGANDIYOOR, THRISSUR DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM-14. 3. THE DEPUTY DIRECTOR OF EDUCATION, AYYANTHOLE, THRISSUR. 4. THE DISTRICT EDUCATIONAL OFFICER, CHAVAKKAD, THRISSUR DISTRICT. 5. THE MANAGER, NATIONAL HIGHER SECONDARY SCHOOL, ENGANDIYOOR, THRISSUR DISTRICT. R1 TO R4 BY G.P. SHRI A.J. VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.20454 of 2009-B - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of July, 2009. JUDGMENT The petitioner was appointed as Upper Primary School Assistant from 31.7.2008 to 30.6.2013 in National Higher Secondary School, Engandiyoor against the leave vacancy of one Smt. P. Remadevi, UPSA who entered leave without allowance for the above period. The appointment of the petitioner was approved by the District Educational Officer only on daily wages for the period from 31.7.2008 to 31.3.2009 which is evident from Ext.P3. Against Ext.P3, the Manager has filed an appeal before the Deputy Director of Education and the same is rejected as per Ext.P4. The approval for the period from 31.7.2008 to 31.3.2009 is restricted to daily wage basis mainly because of G.O.(P) No.104/2008/G.Edn. dated 10.6.2008 which is produced herein as Ext.P2. 2. 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 wpc 20454/2009 2 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 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. Therefore, the endorsement on Ext.P3 to the extent to which the approval is restricted to daily wage basis from 31.7.2008 to 31.3.2009, is quashed. The 4th respondent is directed to pass fresh orders regarding the approval of appointment of the petitioner for the above period, in the light of the decision of the Division Bench referred to above, within a period of wpc 20454/2009 3 two months from the date of receipt of a copy of this judgment. The petitioner will produce a copy of this judgment along with a copy of the writ petition before the 4th respondent for compliance. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/