IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 13TH JULY 2009 / 22ND ASHADHA 1931 WP(C).No. 19492 of 2009(F) -------------------------------- PETITIONER: -------------- SHAJIMON.P., H.S.A. (HINDI), P.T.M.H.S., KODIYATHUR, VIA.MUKKOM, KOZHIKODE DISTRICT. BY MR.P.J.MATHEW, ADVOCATE. MR.K.B.ARUNKUMAR, ADVOCATE. RESPONDENTS: ------------------ 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE. 3. THE DISTRICT EDUCATIONAL OFFICER, THAMARASSERY, KOZHIKODE DISTRICT. 4. MANAGER, P.T.M.HIGH SCHOOL, KODIYATHUR, VIA.MUKKOM P.O, KOZHIKODE DISTRICT. BY MR. A.J. VARGHESE, SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.19492 OF 2009 --------------------------------------- Dated this the 13th day of July, 2009. J U D G M E N T The petitioner is working as H.S.A. (Hindi) in the school managed by the 4th respondent. Exhibit P1 is the copy of the order of appointment. The vacancy arose due to sanction of Leave Without Allowance for a period of five years from 01.08.2008 to 31.07.2013, to Sr.V.K. Saleem. The leave has been sanctioned by the Government as per Exhibit P2. Exhibit P3 is the order by which the proposal for approval has been rejected based on the Government Order dated 10.06.2008. The appeal filed by the Manager was also rejected by the Deputy Director of Education as per Exhibit P4. The petitioner challenges these orders along with Exhibit P5 Government Order, G.O.(P) No.104/2008/G.Edn dated 10.06.2008. 2. The validity of Exhibit P5 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 W.P.(C) No.19492/2009 2 (2009(2) KLT 604) has held in paragraph 7 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 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, Exhibits P3 and P4 are quashed. The District Educational Officer will pass a fresh order in the light of the directions issued by the Division Bench above which will W.P.(C) No.19492/2009 3 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 judgment along with copy of the judgment of the Division Bench referred to above before the District Educational Officer for compliance. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp