IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 9TH JULY 2009 / 18TH ASHADHA 1931 WP(C).No. 19268 of 2009(C) -------------------------------------- PETITIONER(S): --------------------- BILBY MATHEW, H.S.A.(MUSIC) ST.ALOSIOUS HIGHER SECONDARY SCHOOL, EDATHUA, ALAPPUZHA DISTRICT. BY ADVS. SRI.P.VINODKUMAR SRI.T.K.AJITH KUMAR RESPONDENT(S): ------------------------- 1. STATE OF KERALA REP. BY SECRETARY TO GOVT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA. 4. THE DISTRICT EDUCATION OFFICER, KUTTANADU, ALAPPUZHA DISTRICT. 5. THE CORPORATE MANAGER, CORPORATE MANAGEMENT OF SCHOOLS, ARCH DIOCESE OF CHANGANANSSERY. BY ADV.SMT.T.B.REMANI, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ami P.N.RAVINDRAN, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C) No. 19268 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 9th day of July, 2009 JUDGMENT Heard Sri. P.Vinodkumar, the learned counsel appearing for the petitioner and Smt.T.B.Remani, the learned Government Pleader appearing for respondents 1to 4. In the nature of the order that I propose to pass, it is not necessary to issue notice to or hear the fifth respondent. 2. The petitioner was appointed as Music Teacher in St.Alosycious Higher Secondary School in a retirement vacancy that arose on 31-3-2008. The appointment was made on 1-7-2008 as per Ext.P1 order. The District Educational Officer declined to approve the appointment on a regular basis on the ground that appointments for fractions of one academic year cannot be considered for approval in view of the terms and stipulations in G.O.(P) No. 104/2008/G.Edn. dated 10-6-2008. The fifth respondent carried the matter in appeal. By Ext.P3 order the appeal was rejected. Hence, this writ petition challenging Exts.P2 and P3 and seeking a writ in the nature of mandamus commanding the official respondents to approve the petitioner's appointment as Music Teacher with all attendant benefits. 3. The pleadings disclose that it is relying on Government order W.P.(C) No. 19268/09 2 dated 10-6-2008 that approval was declined to the petitioner's appointment. As per the said Government order, appointments made for fractions of an academic year will not be approved on a regular basis. The validity of the aforesaid Government order was considered by a Division Bench of this Court in Unni Narayanan, K. and others V. State of Kerala and others (ILR 2009(2) Ker. 487). It was held that the term of appointment need not be co-terminus with the duration of the vacancy and that even if appointments are made to vacancies, the duration of which is less than one academic year, they are liable to be approved. In the light of the authoritative pronouncement of this Court in Unni Narayanan, K. and others V. State of Kerala and others (Supra), I am of the opinion that the stand taken by official respondents in Exts.P2 and P3 cannot be sustained. In the result, this writ petition is allowed, Exts.P2 and P3 are quashed and the District Educational Officer is directed to approve the petitioner's appointment as per Ext.P1, if it is otherwise in order with notice to the fifth respondent Manager. Orders in this regard shall be issued within six weeks from the date on which the petitioner produces a certified copy of this judgment along with a copy of the decision of this Court in Unni Narayanan, K. and others V. State of Kerala and others (Supra) before the District Educational Officer. Needless to say, in the W.P.(C) No. 19268/09 3 event of the petitioner's appointment being approved, the respondents shall take expeditious steps to draw and disburse arrears of salary and allowances at the applicable rate. P.N.RAVINDRAN, JUDGE. mn.