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. 16205 of 2009(U) -------------------------------- PETITIONER: --------------- NANCY THOMAS.C., W/O.GEORGE V.V., VADAKKETHALA, POOVATHINGAL HOUSE, VYLATHUR, P.O.NHAMANGHAD, THRISSUR DISTRICT, U.P.S.A., ST.JOHN'S HIGH SCHOOL, PARAPPUR. 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. DISTRICT EDUCATIONAL OFFICER, THRISSUR. 4. THE CORPORATE MANAGER, CORPORATE EDUCATIONAL AGENCY, ARCHDIOCESE OF THRISSUR, THRISSUR. 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.16205 OF 2009 --------------------------------------- Dated this the 22nd day of June, 2009. J U D G M E N T The petitioner herein is Upper Primary School Assistant in St.John's High School, Parappur. She was appointed as such on 16.06.2008. Exhibit P2 is the order of appointment and by Exhibit P3, the approval was rejected relying upon Exhibit P1 Government Order, G.O.(P)No.104/2008/G.Edn dated 10.06.2008, stating that the period of appointment is less than one academic year. These orders are challenged in this writ petition. 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 conditions in Exhibit P2 Government Order cannot stand with the statutory rules. Therefore, for enforcing them, the relevant rules W.P.(C) No.16205/2009 2 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, Exhibit P3 is quashed. The District Educational Officer will pass fresh orders 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 petitioner will produce a copy of this judgment W.P.(C) No.16205/2009 3 along with copy of the judgment of the Division Bench referred to above before the District Educational Officer for compliance. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp Date “16.06.2008” occurring in the third line of the first paragraph of judgment dated 22.06.2009 in WP(C) 16205/2009 is corrected as “10.06.2008” as per order dated 27.07.2009 in IA No.9020/2009. Sd/- Registrar (Judicial)