IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 6TH AUGUST 2009 / 15TH SRAVANA 1931 WP(C).No. 22267 of 2009(C) -------------------------------- PETITIONER: -------------- UMAR FAROOQUE, AGED 25 YEARS, S/O.SOUDALAVI, L.G.ARABIC, UP SECTION, DESABANDHU HIGH SCHOOL, THALIPARAMBA, PALAKKAD, RESIDING AT PATTISSERY, NATTUKAL P.O., MANARGHAT, PALAKKAD. BY MR.U.BALAGANGADHARAN, ADVOCATE. RESPONDENTS: ------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD. 4. THE DISTRICT EDUCATION OFFICER, PALAKKAD. 5. THE MANAGER, DESABANDHU HIGH SCHOOL, THALIPARAMBA, PALAKKAD. 6. THE HEADMISTRESS, DESABANDHU HIGH SCHOOL, THALIPARAMBA, PALAKKAD. BY MR. A.J. VARGHESE, SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.22267 OF 2009 --------------------------------------- Dated this the 6th day of August, 2009. J U D G M E N T The petitioner herein is working as L.G.Arabic Teacher in U.P.Section in the Desabandhu High School, Thaliparamba in Palakkad District. The Manager appointed the petitioner in a regular vacancy caused due to the voluntary retirement of Smt.T.Ayissa, Arabic Teacher (L.G). The District Educational Officer approved the appointment with effect from 03.11.2008 to 31.03.2009 only on daily wage basis, which is evident from Exhibit P1. It is pointed out that the same is in terms of Exhibit P2 Government Order, G.O.(P)No.104/2008/G.Edn dated 10.06.2008. The petitioner is challenging Exhibits P1 and P2 in this writ petition. 2. Exhibit P3 is the judgment of a Division Bench of this Court in W.P.(C)No.1586/2009 and connected cases (Unni Narayanan vs. State of Kerala reported in 2009(2)KLT 604) wherein the validity of Exhibit P2 Government Order was under W.P.(C) No.22267/2009 2 challenge. The Division Bench has held in paragraph 7 of the said judgment 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. 3. 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 shall be completed within six weeks from the date of production of a copy of this judgment”. In the light of the above, Exhibit P1 to the extent to which approval is given only on daily wage basis is quashed. The W.P.(C) No.22267/2009 3 District 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 petitioner will produce a copy of this judgment along with copy of the judgment of the Division Bench referred to above before the District Educational Officer for compliance. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp