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. 16034 of 2009(Y) -------------------------------- PETITIONER: -------------- SAREENA C.J., THACHARATTIL HOUSE, VALAPPAD P.O., PIN-680 567, THRISSUR DISTRICT. L.P.S.A., R.C.U.P.S., KOTTAPADY, THRISSUR. BY MR.JIJO PAUL, ADVOCATE. RESPONDENTS: ------------------ 1. THE STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. 3. ASSISTANT EDUCATIONAL OFFICER, CHAVAKKAD. 4. THE CORPORATE MANAGER, CORPORATE EDUCATIONAL AGENCY, ARCHDIOCESE OF THRISSUR, THRISSUR DISTRICT. 5. DISTRICT EDUCATIONAL OFFICER, CHAVAKKAD. BY MR. A.J. VARGHESE, 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.16034 OF 2009 --------------------------------------- Dated this the 22nd day of June, 2009. J U D G M E N T The petitioner was appointed as Lower Primary School Assistant by the 4th respondent-Manager on 10.06.2008. The appointment was in a vacancy which arose on the grant of leave without allowance to another Teacher from 10.06.2008 to 05.01.2011. The 3rd respondent approved the appointment only on daily wage basis with effect from 10.06.2008 to 31.03.2009. The appeal filed against the said order was rejected by the 5th respondent as per Exhibit P3. The respondents 3 and 5 have relied upon the provisions of Exhibit P1 Government Order, G.O.(P) No.104/2008/G.Edn dated 10.06.2008, to grant approval only on daily wage basis. 2. The validity of Exhibit P1 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.16034/2009 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 P2 and P3 in as much as it approves the appointment of the petitioner on daily wages for the period ending 31.03.2009 are quashed. The Assistant Educational Officer will pass fresh orders in the light of the W.P.(C) No.16034/2009 3 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 Assistant Educational Officer for compliance. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp