IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR SATURDAY, THE 23RD MAY 2009 / 2ND JYAISHTA 1931 WP(C).No. 2829 of 2009(J) ------------------------------ PETITIONER: -------------- K.P.SHAHUL HAMEED, S/O.ALI, AGED 30 YEARS, ARABIC TEACHER, A.M.L.P. SCHOOL, VAKKAD KADAPPURAM, TIRUR EDUCATIONAL SUB DISTRICT. BY MR.V.A.MUHAMMED, ADVOCATE. MR.K.E.HAMZA, ADVOCATE. RESPONDENTS: ------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM - 14. 3. THE ASSISTANT EDUCATIONAL OFFICER, TIRUR, MALAPPURAM DISTRICT. 4. THE MANAGER, A.M.L.P.SCHOOL, VAKKAD KADAPPURAM, TIRUR EDUCATIONAL SUB DISTRICT. BY MR. P.K. RAVIKRISHNAN, SR.GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.2829/2009 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF THE APPOINTMENT ORDER DTD. 11.6.08. EXT. P2 : COPY OF the ORDER No.C2/4940/08 OF THE ASST. EDUCATIONAL OFFICER DTD. 19.11.08. EXT. P3 : COPY OF THE G.O.(P) No.169/04/G.EDN OF THE GOVERNMENT DTD. 15.6.04. EXT. P4 : COPY OF THE G.O.(P) No.31/2006/GE OF THE GOVERNMENT DTD. 19.1.06. EXT. P5 : COPY OF THE ORDER No.49229/L3/06/GE OF THE GOVERNMENT DTD. 25.5.07. EXT. P6 : COPY OF THE ORDER No.3541/H2/07/GE OF THE GOVERNMENT DTD. 25.3.08. EXT. P7 : COPY OF THE G.O.(P) No.104/2008/G.EDN. OF THE GOVERNMENT DTD. 10.6.08. EXT. P8 : COPY OF THE INTERIM ORDER OF THIS HON'BLE COURT IN W.P.(C) No.29199/08-A DTD. 3.10.08. EXT. P9 : COPY OF the ORDER No.G2/12433/09/DPI OF THE 2ND RESPONDENT DTD. 28.2.09. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.2829 OF 2009 --------------------------------------- Dated this the 23rd day of May, 2009. J U D G M E N T The petitioner was appointed as Arabic Teacher in the A.M.L.P School, Vakkad, Tirur Educational Sub District from 11.06.2008 onwards. The appointment was approved by the Assistant Educational Officer, Tirur as per Exhibit P1 order. Later on by Exhibit P2 it was directed that the salary may be withheld in the light of G.O.(P) No.104/08/G.Edn dated 10.06.2008 wherein it was specified that appointment to the post where the duration of which is less than one year shall be made on daily wage basis. This is under challenge in this writ petition. 2. Later on by Exhibit P9, the appointment itself was cancelled by the Additional Director of Public Instruction stating that going by G.O.(P) No.104/08/GE dated 10.06.2008 the approval already granted is against the spirit of Government Order. W.P.(C) No.2829/09 2 3. The validity of the above Government Order was under challenge in various writ petitions before this Court which were finally disposed of by a Division Bench as per judgment dated 06.04.2009. The Division Bench held that the said Government Order cannot stand scrutiny with the statutory rules. To enforce the same, the relevant rules require amendment and as long as the rules are not amended, the said Government Order, Exhibit P2, cannot be pressed into service by the Government. 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”. W.P.(C) No.2829/09 3 In the light of the above, Exhibits P2 and P9 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 six weeks 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