IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 5TH OCTOBER 2009 / 13TH ASWINA 1931 WP(C).No. 25708 of 2009(G) -------------------------- PETITIONER(S): --------------- ALICE BETTY, U.P.S.A., M.P.M.HIGH SCHOOL, CHUNGATHARA, PALLATHUPUTHENPARAMBIL, PUTHENPEEDIKA, OMALLUR P.O PATHANAMTHITTA, RESIDING AT 203, VADAKKEMURIYIL, MUNDUKOTTACKAL P.O., PATHANAMTHITTA. BY ADV. 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 DISTRICT EDUCATIONAL OFFICER, WANDOOR. 3. MANAGER, CATHOLICATE AND M.D.SCHOOLS, DEVALOKAM, KOTTAYAM. SENIOR GOVERNMENT PLEADER, SHRI MUHAMOOD T.T THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.25708/2009-G ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 5th day of October, 2009 J U D G M E N T The petitioner is aggrieved by Ext.P2 to the extent to which the approval has been granted only on daily wage basis. It is pointed out that the same is against the dictum laid down in Unni Narayanan v. State of Kerala (2009 (2) KLT 604). 2. The petitioner was appointed as U.P.S.A with effect from 15/07/2008 in a regular permanent vacancy that arose due to the leave vacancy of Smt.Reeba John. Ext.P1 is the order of appointment. 3. Obviously, the approval is restricted based on Ext.P3 G.O.(P) No.104/2008/G.Edn., dated 10/06/2008. 4. The validity of the Ext.P3 G.O was challenged in various writ petitions which were disposed by a Division Bench of this Court in Unni Narayanan v. State of Kerala (2009 (2) KLT 604). The effect and validity of Ext.P3 G.O was considered and it was held that without amending the statutory rules, a Government Order cannot be pressed into service. It was held thus:- “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 W.P.(C). No.25708/2009 -:2:- appointment need not be co-terminus 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.” 5. In the light of the above, the approval granted as per Ext.P2 cannot be supported. Therefore, Ext.P2 to the extent to which the approval is granted only on daily wage basis from 15/07/2008 is set aside. The matter will be reconsidered by the District Educational Officer and appropriate orders will be passed within a period of two months from the W.P.(C). No.25708/2009 -:3:- date of receipt of a copy of this judgment. 6. The learned Government Pleader submitted that the State has filed a Special Leave Petition against the judgment in Unni Narayanan v. State of Kerala (2009 (2) KLT 604). But the pendency of the S.L.P need not deter the District Educational Officer from passing appropriate orders in the matter in terms of the judgment rendered by the Division Bench. It is pointed out by the learned Government Pleader that the petitioner will have to produce fresh Antecedent Certificate. The learned counsel for the petitioner submitted that the petitioner will comply with the same also. The writ petition is accordingly allowed. No costs. (T.R. Ramachandran Nair, Judge.) ms