IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 9TH JULY 2009 / 18TH ASHADHA 1931 WP(C).No. 19073 of 2009(D) -------------------------------------- PETITIONER(S): ---------------------- SUJA VARGHESE, L.P.S.A, ST.GEORGE'S L.P. SCHOOL, THEYYAPPARA, THAMARASSERY, KOZHIKODE DISTRICT. BY ADVS. SRI.P.J.MATHEW SRI.K.B.ARUNKUMAR RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE ASSISTANT EDUCATIONAL OFFICER, THAMARASSERY, KOZHIKODE DISTRICT. 3. THE CORPORATE MANAGER, CATHOLICATE AND M.D.SCHOOLS, DEVALOKAM, KOTTAYAM-38. BY ADV.SMT.T.B.REMANI, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ami P.N.RAVINDRAN, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C) No. 19073 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 9th day of July, 2009 JUDGMENT Heard Sri. P.J.Mathew, the learned counsel appearing for the petitioner and Smt.T.B.Remani, the learned Government Pleader appearing for respondents 1 and 2. In the nature of the order that I propose to pass, it is not necessary to issue notice to or hear the third respondent. 2. The petitioner was appointed as Lower Primary School Assistant in St. George L.P.School, Theyyappara as per Ext.P1 order dated 1-7-2008 in a vacancy that arose on the promotion of the incumbent, Smt.Manju C. Elias, as High School Assistant. Though the vacancy was a regular vacancy, relying on the terms and stipulations in Ext.P2 Government order, the Assistant Educational Officer approved the said appointment only on daily wage basis with the observation that the appointment will not count for any service benefits including pension. The order thus passed by the Assistant Educational Officer on 27-4-2009 is under challenge in this writ petition. 3. Ext.P1 discloses that the appointment of the petitioner was against a regular vacancy of Lower Primary School Assistant that arose when the incumbent was promoted to the post of High School Assistant. Approval on daily wage basis was granted relying on Ext.P2 Government order. The W.P.(C) No. 19073/09 2 validity of the aforesaid Government order was considered by a Division Bench of this Court in Unni Narayanan, K. and others V. State of Kerala and others (ILR 2009(2) Ker. 487) wherein it was held that the term of appointment need not be co-terminus with the duration of the vacancy and that even if appointments are made to vacancies, the duration of which is less than one academic year, they are liable to be approved. The issue raised in this writ petition is in my opinion squarely covered in favour of the petitioner by the decision of this Court in Unni Narayanan, K. and others V. State of Kerala and others (Supra). In the result, this writ petition is allowed, the order of approval granted by the Assistant Educational Officer to the petitioner's appointment as per Ext.P1 is quashed and the Assistant Educational Officer is directed to pass fresh orders approving the petitioner's appointment on a regular basis. This shall be done within one month from the date on which the petitioner produces a certified copy of this judgment before the Assistant Educational Officer with notice to the third respondent Manager. The respondents shall, after the petitioner's appointment is approved, take expeditious steps to draw and disburse arrears of salary and allowances at the applicable rate. P.N.RAVINDRAN, JUDGE. mn.