IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 27TH MAY 2009 / 6TH JYAISHTA 1931 WP(C).No. 12109 of 2009(G) ---------------------------------------- PETITIONER(S): ----------------------- DIVYA.P, W/O. GIRISH, AGED 24 YEARS, HIGH SCHOOL ASSISTANT, V.V.M.H.S SCHOOL, MARAKKARA.P.O, PULAMANTHOL, MALAPPURAM DISTRICT. BY ADV. MR.K.M.SATHYANATHA MENON RESPONDENT(S): ----------------------- 1. THE MANAGER, V.V.M.H.S SCHOOL, MARAKKARA.P.O, PULAMANTHOL, MALAPPURAM DISTRICT. 2. THE DISTRICT EDUCATION OFFICER, TIRUR, MALAPPURAM DISTRICT 3. THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM, MALAPPURAM DISTRICT. 4. THE DIRECTOR OF PUBLIC INSTRUCTIONS, TRIVANDRUM. 5. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF EDUCATION, GOVERNMENT SECRETRIAT, TRIVANDRUM. GOVT. PLEADER MR.T.T.MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.12109/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE APPOINTMENT ORDER ISSUED TO THE PETITIONER BY THE IST RESPONDENT. P2:- COPY OF THE GOVERNMENT ORDER GO(P) /104/2008/G.EDN. DT. 10.6.08. P3:- COPY OF THE APEAL SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DT. 8.2.09. P4:- COPY OF THE COMMUNICATION ISSUED BY THE DEPUTY DIRECTOR OF EDUCATION , MALAPPURAM DT. 6.3.09. TRUE COPY P.S.TO JUDGE TSS T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.12109 of 2009-G - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of May, 2009. JUDGMENT The petitioner was appointed as a Physical Science Teacher by the first respondent Manager in a permanent vacancy on the retirement of Smt. C.V. Fathima from the school. The District Educational Officer approved the appointment only on daily wages basis with effect from 4.6.2008 to 31.3.2009 as per G.O.(P) No.104/2008 dated 10.6.2008, produced as Ext.P2 herein. The petitioner challenges Exts.P1 and P2 in this writ petition. 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. 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: “12. In the case of the writ petitioners in these cases, orders, if wpc 12109/2009 2 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, Ext.P1 to the extent to which approval is given only on daily wages basis is quashed. The second respondent will pass fresh orders in the light of the findings rendered by the Division Bench in the above decision, 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 a copy of the judgment of the Division Bench referred to above, before the second respondent for compliance. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/