IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 16TH JULY 2009 / 25TH ASHADHA 1931 WP(C).No. 20049 of 2009(A) -------------------------- PETITIONER(S): --------------- 1. SHANTY MOLE K.JOSEPH, U.P.S.A. ST.MARY'S HIGH SCHOOL, KALLANODE, KOZHIKODE DISTRICT. 2. BINDU THOMAS, PART TIME JR.URDU TEACHER KAKKADAMPOIL, KOZHIKODE DISTRICT. 3. RAJESH CHACKO, U.P.S.A. ST.JOSEPH'S U.P.SCHOOL, MYLELLAMPARA, THAMARASSERY VIA, KOZHIKODE DISTRICT. BY ADV. SRI.P.J.MATHEW SRI.K.B.ARUNKUMAR RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT GENERALA EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT EDUCATIONAL OFFICER, THAMARASSERY, KOZHIKODE DISTRICT. 3. THE ASSISTANT EDUCATIONAL OFFICER, THAMARASSERY, KOZHIKODE DISTRICT. 4. CORPORATE MANAGER, CORPORATE EDUCATIONAL AGENCY, DIOCESE OF THAMARASSERY, KOZHIKODE DISTRICT. R1 TO R3 BY G.P. SHRI A.J. VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 20049 of 2009-A - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of July, 2009. JUDGMENT The first petitioner was appointed as U.P.S.A. in St. Mary's High School, Kallanode with effect from 1.7.2008 against the vacancy arose due to the promotion of Smt. Loosy Kurian, UPSA as H.S.A. (Malayalam) on 30.6.2008. Ext.P1 is the copy of the appointment order. It is pointed out that the promotion of Smt. Loosy Kurian has already been approved by the 4th respondent as per order dated 31.12.2007. The second petitioner was appointed as part-time Junior Urdu Teacher in St. Mary's High School, Kakkadampoil with effect from 25.8.2008 in the vacancy that arose due to the retirement of Smt. Jameela M. on 31.5.2008. Ext.P2 is the said appointment order. The third petitioner was appointed as U.P.S.A. in St. Joseph's U.P. School, Mylellampara with effect from 12.8.2008 to 24.6.2010 in the vacancy that arose due to the availing of L.W.A. by Shri Jose P.A., UPSA of that school from 2.7.2008 to 24.6.2010. Ext.P3 appointment order of the third petitioner shows that the said leave has been sanctioned by the Government. 2. Even though the appointment orders were forwarded to the second wpc 20049/2009 2 and third respondents for approval, they were rejected. The rejection of the approval of appointment of the first petitioner on regular basis is evident from Ext.P1 order itself. The approval of appointment of the second petitioner is rejected as per Ext.P4 order issued by the second respondent. As regards the third petitioner, the approval is only on daily wage basis, by the third respondent which fact is evident from Ext.P3 order of appointment itself. The approval was ordered mainly based on G.O.(P) No.104/2008/G.Edn. dated 10.6.2008 which is produced as Ext.P5 herein. 3. This court in a batch of cases, reported in Unni Narayanan v. State of Kerala (2009 (2) KLT 604) held that without amending the statutory rules, a Government Order cannot be pressed into service. Ext.P2 herein is the said judgment. The validity of Ext.P5 Government Order was under challenge in those cases. It was held that “if the vacancy is having a duration of one academic year or more, appointment can be made to fill up the same. The term of appointment need not be co-terminus with the term of the vacancy. If, in fact, the vacancy is having a duration of one academic year or more, even if, there is some delay in making the appointment, such appointment will have to be approved.” Ultimately, in para 12, a direction was issued as follows: “12. In the case of the writ petitioners in these cases, orders, if any passed, approving their appointments on daily wage basis, wpc 20049/2009 3 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.” 4. In the light of the above, Exts.P1, P3 and P4 are quashed and there will be a direction to the second and third respondents to consider and pass fresh orders regarding the approval of appointment of the petitioners, in the light of the findings rendered by the Division Bench in the above decision, within 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 a copy of the judgment of the Division Bench referred to above, before the respective respondents for compliance. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/