IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 10TH JUNE 2009 / 20TH JYAISHTA 1931 WP(C).No. 14264 of 2009(C) ------------------------------------- PETITIONER(S): ------------------------ 1. DIJEESH K.M., 32 YEARS, S/O.K.V.DIVAKARAN, H.S.A.(MAL), DESABANDHU HIGH SCHOOL, THACHANPARA, PALAKKAD, R/AT. DIJIPALAYAM HOUSE, KOORARA P.O., CHEMPAD VIA., KANNUR DISTRICT, 670694. 2. SREEJA N.PANICKER, 29 YEARS, D/O.K.K.NARAYANA PANICKER, H.S.A.(MAL), DESABANDHU HIGH SCHOOL, THACHANPARA, PALAKKAD, RESI:NALANKANDAM, KOCHUMADATHIL HOUSE, THACHANPARA, MANNARGHAT, PALAKKAD. BY ADV. MR.U.BALAGANGADHARAN RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REP. BY SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD. 4. THE DISTRICT EDUCATION OFFICER, PALAKKAD. 5. THE MANAGER, DESABHANDU HIGH SCHOOL, THACHANPARA, PALAKKAD. BY SR. GOVT. PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------- W.P(C) No.14264 of 2009-C ------------------------------ Dated this the 10th day of June, 2009. J U D G M E N T Heard Sri.U.Balagangadharan, the learned counsel appearing for the petitioner and Smt.Anu Sivaraman, the learned Senior Government Pleader appearing for respondents 1 to 4. Since the issue raised in this writ petition is covered by the decision of the Division Bench of this Court in Unni Narayanan K. and others V. State of Kerala and others (2009(2) ILR Kerala 487) and as the fifth respondent is sailing with the petitioners, it is not necessary to issue notice to or hear the fifth respondent. 2. The petitioners were appointed as HSA (Malayalam) by the fifth respondent Manager on 2.6.2008 and 12.6.2008 respectively. The appointments were against retirement/resignation vacancies. The District Educational Officer approved the appointment only on daily wage basis. In this writ petition, the petitioners challenge the approval thus granted by the District Educational Officer. A Division Bench of this Court has in Unni Narayanan (supra) quashed similar orders issued by educational officers approving the appointment of teachers on daily wage basis. In that view of the matter the orders passed by the fourth respondent approving the petitioners' appointment on daily wage basis are quashed and the fourth respondent is directed to pass fresh orders in W.P(C) No.14264 of 2009-C 2 the light of the directions issued by this Court in Unni Narayanan (supra). Orders in that regard shall be passed within six weeks from the date on which the petitioners produce a certified copy of this judgment along with a copy of the judgment in Unni Narayanan (supra) before the fourth respondent, after notice to the fifth respondent Manager. The competent authority among the respondents shall in the event of the petitioners' appointments being approved also takes expeditious steps to draw and disburse arrears of salary and allowances at the applicable rates. The writ petition is disposed of as above. Sd/- P.N.RAVINDRAN JUDGE //True Copy// PA to Judge ab