IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 23RD JULY 2009 / 1ST SRAVANA 1931 WP(C).No. 20578 of 2009(N) -------------------------- PETITIONER(S): --------------- NOUSHA N., U.P.S.A., PMSAM U.P.SCHOOL, NELLIPARAMBA, OORAKAM, KIZHMURI, MALAPPURAM DISTRICT. BY ADV. 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, VENGARA, MALAPPURAM DISTRICT. 3. THE MANAGER, PMSAM U.P.SCHOOL, NELLIPARAMBA, OORAKAM, KIZHMURI, MALAPPURAM DISTRICT. SENIOR GOVERNMENT PLEADER, SHRI A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.20578 OF 2009 --------------------------------------- Dated this the 23rd day of July, 2009. J U D G M E N T The petitioner herein was appointed as Upper Primary School Assistant in P.M.S.A.M Upper Primary School, Oorakam in Malappuram District. The appointment is from 14.10.2008 in a regular/permanent vacancy that arose due to the resignation of Smt.Mubeena T.K., U.P.S.A who got appointment in Government service. Exhibit P1 is the copy of the order of appointment. The approval was rejected on a time scale and has been granted only as daily wages from 14.10.2008 to 30.04.2009 in the light of G.O.(P) No.104/2008/G.Edn. dated 10.06.2008 (Exhibit P2). The same is under challenge in this writ petition. 2. The validity of Exhibit P2 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 W.P.(C) No.20578/2009 2 statutory rules. Therefore, for enforcing them, the relevant rules 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 P1 to the extent to which approval is given only on daily wage basis is quashed. The Assistant 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 W.P.(C) No.20578/2009 3 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 along with copy of the judgment of the Division Bench referred to above before the Assistant Educational Officer for compliance. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp