IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 20TH NOVEMBER 2009 / 29TH KARTHIKA 1931 WP(C).No. 33449 of 2009(A) ---------------------------------- PETITIONER(S): ------------------------ NISHA KRISHNAN, AGED 27 YEARS, W/O.B.S.JOY, UPPER PRIMARY SCHOOL ASSISTANT, S.S.V.H.S. SCHOOL, CHIRAYINKEEZH, THIRUVANANTHAPURAM DISTRICT. BY ADV.MR.V.A.MUHAMMED MR.K.E.HAMZA RESPONDENT(S): ---------------------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT EDUCATIONAL OFFICER, ATTINGAL, THIRUVANANTHAPURAM DISTRICT. 3. THE MANAGER, S.S.V.HIGHER SECONDARY SCHOOL, CHIRAYINKEEZH, THIRUVANANTHAPURAM DISTRICT. R1 & R2 BY SR. GOVT. PLEADER MR.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 33449 of 2009-A - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of November, 2009. JUDGMENT The petitioner herein is working as a UPSA in the school managed by the third respondent. She was appointed from 22.8.2008 as per Ext.P1 order. This appointment was approved from 22.8.2008 to 31.3.2009 on daily wage basis in terms of G.O.(P) No.104/2008/G.Edn. dated 10.6.2008, as per Ext.P3 order. The petitioner has got a case that in the light of the decision of the Division Bench in Unni Narayanan v. State of Kerala (2009 (2) KLT 604), the said order cannot be sustained. 2. Heard learned Govt. Pleader appearing for the respondents. Ext.P5 is the copy of the above Govt. Order. The Division Bench in Unni Narayanan's case (supra), considered the validity of the above Govt. Order and held that no reliance can be placed on the said Govt. Order in the absence of the amendment of the rules. 3. In the light of the above, the legal position herein will be governed by the above said decision. Therefore, Ext.P3 in so far as it approves the appointment of the petitioner only on daily wage basis for the period from 22.3.2008 to 31.3.2009, is set aside. There will be a direction to the second wpc 33449/2009 2 respondent to approve the appointment of the petitioner in the light of the above decision of the Division Bench and disburse the salary and allowances in the scale of pay applicable to regular appointment. It is further made clear that consequential action will be subject to the result of the Special Leave Petition pending against the judgment of the Division Bench in Unni Narayana's case (2009 (2) KLT 604) and on the petitioner furnishing an undertaking to the effect that the benefits received will be reimbursed accordingly. The orders as above, will be passed within two months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/