IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 2ND JULY 2009 / 11TH ASHADHA 1931 WP(C).No. 16586 of 2009(P) -------------------------------- PETITIONERS: ---------------- 1. PRASANNAN.E, S/O.LATE KUNHAPPA NAIR, MANAGER, MUYIPPOTH.L.P SCHOOL, P.O.MUYIPOTH, MEPAYYOOR (VIA), KOZHIKODE - 673524. 2. V.P.PADMINI,W/O.NARAYANAN NAIR,MANAGER, PALLIKKARA ALP SCHOOL,P.O.PALLIKKARA, (VIA)PAYYOLI, KOZHIKODE-673522. BY MR.JIJI THOMAS PAMBACKAL, ADVOCATE. MR.G.B.SHAMJITH, ADVOCATE. RESPONDENTS: ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY OF GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE. 4. THE ASSISTANT EDUCATIONAL OFFICER, MELADI, KOZHIKODE. BY MR. A.J. VARGHESE, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.16586 OF 2009 --------------------------------------- Dated this the 2nd day of July, 2009. J U D G M E N T The petitioners are the Managers of two aided schools. They are aggrieved by the orders produced as Exhibits P1 to P4. They are also aggrieved by the orders Exhibits P7 and P7(a) by which approval for appointment to two Teachers have been rejected in the light of the provisions contained in G.O.(P) No.104/2008/G.Edn dated 10.06.2008 (Exhibit P1 herein) providing that the appointment can be approved only on daily wage basis. Exhibits P6 and P6(a) are the appointment orders in respect of the two Teachers. The vacancies to which the appointments have been effected are permanent vacancies. 2. The validity of Exhibit P1 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.16586/2009 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, Exhibits P7 and P7(a) are quashed (Exhibit P2 herein is another copy of Exhibit P7 itself). 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.16586/2009 3 a period of two months from the date of receipt of a copy of this judgment. The petitioners 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