IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 25TH NOVEMBER 2009 / 4TH AGRAHAYANA 1931 WP(C).No. 33921 of 2009(I) ------------------------------- PETITIONER: -------------- T.P.SUMOD, S/O.KELUKUTTY, AGED 26 YEARS, HIGH SCHOOL ASSISTANT (ENGLISH), HIGH SCHOOL, PERINGODE, P.O.PERINGODE, PALAKKAD DISTRICT- 679 535. 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, THIRUVANANTHAPURAM. 2. THE DISTRICT EDUCATIONAL OFFICER, OTTAPALAM, PALAKKAD DISTRICT. 3. THE HEADMASTER, HIGH SCHOOL, PERINGODE, P.O.PERINGODE, PALAKKAD DISTRICT-679 535. BY MR.T.T. MUHAMOOD, SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.33921 OF 2009 --------------------------------------- Dated this the 25th day of November, 2009. J U D G M E N T The issue raised in this writ petition is covered in favour of the petitioner in the light of the decision of a Division Bench of this Court in Unni Narayanan vs. State of Kerala (2009 (2) KLT 604). 2. The petitioner is a High School Assistant (English) working in the High School, Peringode. The said appointment has been approved as per Exhibit P1 on daily wages for the period from 17.09.2008 to 31.03.2009 and on regular basis with effect from 01.06.2009 onwards in terms of G.O.(P) No.121/05/G.Edn. dated 16.04.2005. 3. Learned counsel for the petitioner submitted that the duration of the vacancy is beyond one year and therefore, the principle stated by this Court in Unni Narayanan's case (supra) will apply here. The petitioner points out that the Government orders issued culminating in Exhibit P3 have been held not valid W.P.(C) No.33921/2009 2 by this Court in the above judgment. It was held that without amending the rules, the same cannot be enforced. In paragraph 12 of the said judgment, this Court therefore directed the Educational Officers to pass fresh orders in the matter. 4. The petitioner has also produced Exhibit P7 judgment rendered by this Court in another writ petition wherein following the judgment of the Division Bench, directions have been issued to the concerned Educational Officers to reconsider the matter and pass appropriate orders. Learned Government Pleader submitted that the State has preferred a Special Leave Petition against the Division Bench judgment and the same is pending. Therefore, Exhibit P1 so far as it restricts the approval of appointment of the petitioner on daily wage basis from 17.09.2008 to 31.03.2009 is quashed. There will be a direction to the 2nd respondent to take a fresh decision in terms of the directions issued by this Court in Unni Narayanan vs. State of Kerala (2009 (2) KLT 604) within a period of three months from the date of receipt of a copy of this judgment. It is made clear that consequential action as above will be subject to the W.P.(C) No.33921/2009 3 result of the Special Leave Petition pending against the judgment of the Division Bench in Unni Narayanan's case (2009 (2) KLT 604) and on the petitioner furnishing an undertaking to the effect that benefits received will be reimbursed in case of an adverse decision in the Special Leave Petition. If the Special Leave Petition is allowed, orders as above shall be passed within a period of three months. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp