IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 18TH AUGUST 2009 / 27TH SRAVANA 1931 WP(C).No. 6982 of 2009(P) --------------------------------------- PETITIONER(S): ------------------------ THE MANAGER, KOTTAYAM RAJA'S HIGH SCHOOL, PATHIRIYAD, POST PATHIRIYAD, KANNUR DISTRICT. BY ADV. MR.M.G.ASHOKAN RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. * 3. DEPUTY DIRECTOR OF HIGHER EDUCATION, KANNUR. R3 IS STRUCK OFF FROM THE PARTY ARRAY AS PER ORDER DTD. 18/08/2009 IN IA.NO.10033/2009 4. DISTRICT EDUCATIONAL OFFICER, THALASSERI. BY SR.GOVERNMENT PLEADER SMT. T.B.REMANI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/08/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.6982/2009 P APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF APPOINTMENT ORDER ISSUED BY THE MANAGER TO THE APPOINTED TEACHER DTD. 23/06/2008. P2: COPY OF G.O.(P) NO.169/04/G.EDN. DTD. 15/06/2004. P3: COPY OF G.O.(P) NO.31/2006/GE DTD. 19/01/2006. P4: COPY OF G.O.(P) NO.104/2008/G.EDN. DTD. 10/06/2008. P5: COPY OF ORDER DTD. 17/09/2008 IN WPC.NO.27687/2008(U) OF THIS HON'BLE COURT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.6982 of 2009-P - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of August, 2009. JUDGMENT The petitioner is the manager of a school and he had appointed one Shri Azhar Rehman on 23.6.2008 as H.S.A. (English) in a retirement vacancy as per Ext.P1. The approval was not granted in the light of Exts.P3 and P4 Government Orders. The petitioner has filed this writ petition aggrieved by the above orders. 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.P4 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 the same. The term of appointment need not be co- terminous 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: wpc 6982/2009 2 “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, the writ petition is allowed. It is declared that the directions issued by the Division Bench in the above judgment will govern this matter also. Therefore, there will be a direction to the 4th respondent to pass appropriate orders on the proposal for grant of approval submitted by the petitioner, within a period of two months from the date of receipt of a copy of this judgment. Since, against the judgment of the Division Bench a Special Leave Petition has been filed before the Apex Court, it is made clear the order granting approval will be subject to the orders to be passed in the said Special Leave Petition. (T.R. Ramachandran Nair, Judge.) wpc 6982/2009 3 kav/