IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 22ND JUNE 2009 / 1ST ASHADHA 1931 WP(C).No. 17117 of 2009(H) -------------------------------- PETITIONER: -------------- 1. SIJI VARGHESE, W/O. FAIMON T.K., THATTIL IMBAVU HOUSE, P.O. PULLAZHY, PIN - 680 012, THRISSUR DISTRICT, L.P.S.A, ST.F.X.L.P.S, VENDORE. 2. REMYA K. JOSE, KOLENGADEN HOUSE, P.O. KUTTUR, KOTTEKAD, PIN - 680 013, THRISSUR DISTRICT, L.P.S.A., ST. F.X.L.P.S, VENDORE. BY MR.JIJO PAUL, ADVOCATE. RESPONDENTS: ------------------ 1. THE STATE OF KERALA, REP. BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. 3. ASSISTANT EDUCATIONAL OFFICER, CHERPU. 4. THE CORPORATE MANAGER, CORPORATE EDUCATIONAL AGENCY, ARCHDIOCESE OF THRISSUR, THRISSUR. 5. DISTRICT EDUCATIONAL OFFICER, THRISSUR. WP(C).No. 17117 of 2009(H) 6. DIRECTOR OF PUBLIC INSTRUCTION, TRIVANDRUM. BY MR. A.J. VARGHESE, SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.17117 OF 2009 --------------------------------------- Dated this the 22nd day of June, 2009. J U D G M E N T The petitioners are Lower Primary School Assistants in St.F.X.L.P.S, Vendore. The 1st petitioner was appointed as per Exhibit P2 order, and by Exhibit P3 the approval was rejected. This was challenged in appeal before the 5th respondent and the appeal was also dismissed as per Exhibit P4. Even though a revision petition was filed, that was rejected as per Exhibit P5. 2. The 2nd petitioner was appointed as per Exhibit P6, and by Exhibit P7 the request for approval was rejected. This was challenged in appeal before the 5th respondent but the appeal was dismissed as per Exhibit P8. Even though a revision petition was filed, that was rejected by Exhibit P9. The view taken in these orders is that in the light of Exhibit P1 Government Order, the appointment can be approved only on daily wage basis. 3. Presently, the issue is covered in favour of the petitioners as per the Division Bench decision of this Court in W.P.(C) No.17117/2009 2 Unni Narayanan vs. State of Kerala (2009(2) KLT 604). In paragraph 7 of the said judgment it was held 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. 4. Finally in paragraph 12, the following directions have been 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, Exhibits P3 to P5 and P7 to P9 are quashed. The Assistant Educational Officer will pass fresh orders W.P.(C) No.17117/2009 3 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 petitioners will produce a copy of this judgment along with copy of the judgment of the Division Bench referred to above before the Assistant Educational Officer for compliance. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp