IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 22ND JUNE 2009 / 1ST ASHADHA 1931 WP(C).No. 17131 of 2009(J) ------------------------------- PETITIONER: -------------- ANU THOMAS.K.,KOONAMPURATH HOUSE, P.O.VARANDARAPILLY,THRISSUR-680 303, L.P.S.A.,ST.FRANCIS L.P.S.,WADAKKANCHERY, THRISSUR DISTRICT. BY MR.JIJO PAUL, ADVOCATE. RESPONDENTS: ------------------ 1. THE STATE OF KERALA, REP.BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT,TRIVANDRUM. 2. SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,TRIVANDRUM. 3. ASSISTANT EDUCATIONAL OFFICER, WADAKKANCHERY. 4. THE CORPORATE MANAGER, CORPORATE EDUCATIONAL AGENCY, ARCHDIOCESE OF THRISSUR,THRISSUR DISTRICT. 5. DISTRICT EDUCATIONAL OFFICER,CHAVAKKAD. BY MR. A.J. VARGHESE, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.17131 OF 2009 --------------------------------------- Dated this the 22nd day of June, 2009. J U D G M E N T The petitioner was appointed as Lower Primary School Assistant in St. Francis L.P.S., Wadakkanchery in a permanent vacancy which arose on the retirement of another teacher on 31.03.2008. Exhibit P2 is the order of appointment. The approval was rejected by the 3rd respondent as per Exhibit P3. An appeal was filed before the 5th respondent and it was rejected as per Exhibit P4. The approval was declined in the light of Exhibit P1, G.O. (P) No.104/2008/G.Edn dated 10.06.2008. 2. A Division Bench of this Court, in W.P.(C) No.2563/2009 and connected cases (Unni Narayanan vs. State of Kerala (2009(2) KLT 604)) has considered the validity of the very same Government Order. In paragraph 7 of the said judgment it was held that the offending conditions in Exhibit P2 Government Order cannot stand with the statutory rules. Therefore, for enforcing them, the relevant rules require amendment. As long W.P.(C) No.17131/2009 2 as the rules are not amended, Exhibit P2 cannot be pressed into service by the Government. 3. Finally in paragraph 12, the following directions have been 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, Exhibits P3 and P4 are 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 a period of two months from the date of receipt of a copy of this judgment. The petitioner will produce a copy of this W.P.(C) No.17131/2009 3 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