IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 4TH AUGUST 2009 / 13TH SRAVANA 1931 WP(C).No. 21962 of 2009(M) -------------------------- PETITIONER(S): --------------- K.J.CITTA, W/O.V.ANTONY SABU, AGED 29 YEARS, LOWER PRIMARY SCHOOL ASSISTANT, HIGH SCHOOL, THIRUVALAYANNUR, CHAVAKKAD EDUCATIONAL DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM-14. 3. THE DEPUTY DIRECTOR OF EDUCATION, CIVIL STATION, AYYANTHOLE, THRISSUR DISTRICT. 4. THE DISTRICT EDUCATIONAL OFFICER, CHAVAKKAD, THRISSUR DISTRICT. 5. THE MANAGER, HIGH SCHOOL, THIRUVALAYANNUR, CHAVAKKAD EDUCATIONAL DISTRICT, THRISSUR DISTRICT. R1 TO R4 BY G.P. SHRI A.J. VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 21962 of 2009-M - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of August, 2009. JUDGMENT The petitioner herein was appointed as LPSA by the 5th respondent Manager in a vacancy which arose on 11.7.2006. Finally the approval was refused by the District Educational Officer, but it was granted by the Director of Public Instruction as per Ext.P1. Consequent orders were passed by the District Educational Officer as per Ext.P2. But therein, the approval is granted from 2.10.2006 to 31.3.2007 on daily wage basis and from 4.6.2007 on pay scale basis. Even though the petitioner filed a revision petition, that was declined by Ext.P3. Presently, Ext.P4 revision petition is pending before the Government. The petitioner is relying upon the dictum laid down by the Division Bench of this court in Unni Narayanan v. State of Kerala (2009 (2) KLT 604) to the effect that approval on daily wage basis cannot be justified, as stipulated in Government Order dated 10.6.2008. There will be a direction to the Government to take a decision on Ext.P4 after hearing the petitioner and the Manager, within a period of four months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs (T.R. Ramachandran Nair, Judge.)