IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 24TH JUNE 2009 / 3RD ASHADHA 1931 WP(C).No. 18933 of 2008(D) --------------------------------------- PETITIONER(S): ------------------------ 1. THE MANAGER, K.K.K.V.M. HIGH SCHOOL, POTHAPPALLY, KUMARAPURAM.P.O, HARIPAD, ALAPPUZHA DISTRICT. 2. V.INDULEKHA, U.P.SCHOOL ASSISTANT, K.K.K.V.M.HIGH SCHOOL, POTHAPPALLY, KUMARAPURAM PO HARIPAD, ALAPPUZHA DISTRICT. BY ADVS. MR.N.SUGATHAN SMT.VARSHA BHASKAR MR.S.PRASANTH (AYYAPPANKAVU) RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA. 4. THE DISTRICT EDUCATIONAL OFFICER, ALAPPUZHA. BY GOVT. PLEADER MR.T.T.MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.18933/2008 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE APPOINTMENT ORDER DT. 23.6.03. P2:- COPY OF THE PROCEEDINGS DT. 1.6.05 OF THE MANAGER, KKKVM HS. P3:- COPY OF THE APPOINTMENT ORDER DT. 13.6.05. P4:- COPY OF THE G.O.(MS) NO.169/04.G.EDN. DT. 15.6.04. P5:- COPY OF THE APPEAL DT. 9.12.05 OF THE IST PETITIONER TO 3RD RESPONDENT. P6:- COPY OF THE ORDER DT. 4.5.06 OF THE 3RD RESPONDENT. P7:- COPY OF THE ORDER DT. 12.4.07 OF THE 2ND RESPONDENT. P8:- COPY OF THE REVISION PETITION DT. 4.6.07 OF IST PETITIONER TO GOVERNMENT. P9:- COPY OF THE G.O.(RT) NO.1864/08/G.EDN. DT. 18.4.08. P10:- COPY OF THE G.O.(RT) NO.1532/06/G.EDN. DT. 17.4.06. P11:- COPY OF THE G.O.(RT) NO.3534/06/G.EDN. DT. 10.8.06. P12:- COPY OF THE G.O.(RT) NO.5022/06/G.EDN. DT. 20.11.06. TRUE COPY P.A. TO JUDGE TSS T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.18933/2008-D ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 24th day of June, 2009 J U D G M E N T The first petitioner is the Manager and the second petitioner is the Upper Primary School Assistant of K.K.K.V.M. High School, Pothappally. The second petitioner was appointed in a transfer vacancy of one Sri.Ratheesh Kumar. Ext.P3 is the order appointing the second petitioner. The appointment was from 13/06/2005 continuously. But, while granting approval, it was specified that the same is on daily wage basis for the period from 13/06/2005 to 31/03/2006 in the light of the Government Order, G.O. (P) No.169/04/G.Edn., dated 15/06/2004. Even though the Manager filed appeal against the said order, that was rejected. The revision filed by the Manager was also rejected. The orders passed by the revisional authorities are produced as Exts.P7 and P9. 2. This Court has considered a similar issue in Unni Narayanan v. State of Kerala (2009 (2) KLT 604), wherein it was 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 W.P.(C). No.18933/2008 -:2:- 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 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.P3 to the extent to which approval is given only on daily wages basis is quashed. The appellate and revisional orders Exts.P6, P7 and P9 are also set aside. The District Educational Officer, namely, the fourth 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. W.P.(C). No.18933/2008 -:3:- The petitioners will produce a copy of this judgment along with a copy of the Division Bench judgment referred to above, before the authority concerned for compliance. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms