IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 17TH JULY 2009 / 26TH ASHADHA 1931 WP(C).No. 20121 of 2009(I) ------------------------------- PETITIONERS: ---------------- 1. SR.JOLY DEVASIA, PART-TIME JUNIOR HINDI TEACHER, M.A.M. U.P. SCHOOL, VILAKKAMTHODE, PUNNAKKAL P.O., THIRUVAMPADY VIA., KOZHIKODE DISTRICT. 2. MOHAMMED SHAFI U.K., PART-TIME JUNIOR ARABIC TEACHER, ST.MARY'S U.P. SCHOOL, ANAKAMPOYIL, THIRUVAMPADY VIA., KOZHIKODE DISTRICT. BY MR.P.J.MATHEW, ADVOCATE. MR.K.B.ARUNKUMAR, ADVOCATE. RESPONDENTS: ------------------ 1. THE STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. ASSISTANT EDUCATIONAL OFFICER, MUKKOM, KOZHIKODE DISTRICT. 3. THE CORPORATE MANAGER, CORPORATE EDUCATIONAL AGENCY, DIOCESE OF THAMARASSERY, KOZHIKODE DISTRICT. BY MR. A.J. VARGHESE, SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.20121 OF 2009 --------------------------------------- Dated this the 17th day of July, 2009. J U D G M E N T The 1st petitioner was appointed as part time Junior Hindi Teacher with effect from 26.06.2008 on regular basis in the vacancy of Smt.Dhanya Antony, full time Junior Hindi Teacher who was transferred on 24.06.2008. The 2nd petitioner was appointed as part time Arabic Teacher with effect from 13.08.2008 onwards on regular basis in the vacancy of Sri.Rafeeque Poyilkara, full time Junior Arabic Teacher who was transferred on 01.07.2008. By Exhibits P1 and P2, the approval has been granted only on daily wage basis in respect of both the petitioners. These orders are passed based on Exhibit P3 Government Order, G.O.(P)No.104/08/G.Edn dated 10.06.2008. 2. The validity of Exhibit P3 Government Order was under challenge in various writ petitions before this Court and a Division Bench of this Court in Unni Narayanan vs. State of Kerala (2009(2) KLT 604) has held in paragraph 7 that the offending W.P.(C) No.20121/2009 2 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, Exhibits P1 and P2 to the extent to which approval is given only on daily wage basis are quashed. The Assistant Educational Officer will pass fresh orders in the light of the directions issued by the Division Bench above which W.P.(C) No.20121/2009 3 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