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. 19084 of 2009(E) ------------------------------------- PETITIONER(S): ---------------------- SR.JANCY V.P., U.P.S.A., ST.JOSEPH'S U.P. SCHOOL, MYLELLAMPARA, THAMARASSERY VIA, KOZHIKODE DISTRICT. BY ADVS. SRI.P.J.MATHEW SRI.K.B.ARUNKUMAR RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE ASSISTANT EDUCATIONAL OFFICER, THAMARASSERY, KOZHIKODE DISTRICT. 3. THE CORPORATE MANAGER, CORPORATE EDUCATIONAL AGENCY, DIOCESE OF THAMARASSERY, KOZHIKODE DISTRICT. 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. 19084 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 9th day of July, 2009 JUDGMENT Heard Sri. P.J.Mathew, the learned counsel appearing for the petitioner and Smt.T.B.Remani, the learned Government Pleader appearing for respondents 1 and 2. In the nature of the order that I propose to pass, it is not necessary to issue notice to or hear the third respondent. 2. The petitioner was appointed as Upper Primary School Assistant in the third respondent's school as per Ext.P1 order dated 30-6-2008 in a vacancy that arose when the incumbent Smt.Laisamma K. John was transferred to another school under the same Corporate Educational Agency. The Assistant Educational Officer, Thamarassery, however, approved the appointment only on daily wage basis relying on Ext.P2 Government Order dated 10-6-2008 with the observation that the appointment will not count for any service benefits including preference for future appointment under Rule 51A of Chapter XIVA of the Kerala Education Rules. The order of approval thus passed by the Assistant Educational Officer is under challenge in this writ petition. 3. The pleadings disclose that the petitioner was appointed as Upper Primary School Assistant against a regular vacancy that arose on 30- 6-2008 when the incumbent was transferred to another school. Approval of W.P.(C) No. 19084/09 2 appointment was granted only on daily wage basis for the reason that the appointment is for a period of less than one academic year. A Division Bench of this Court has in Unni Narayanan, K. and others V. State of Kerala and others (ILR 2009(2) Ker. 487) 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. The issue raised in this writ petition is in my opinion squarely covered in favour of the petitioner by the decision of this Court in Unni Narayanan, K. and others V. State of Kerala and others (Supra). In the result, this writ petition is allowed, the order passed by the Assistant Educational Officer approving the petitioner's appointment is quashed and the Assistant Educational Officer is directed to pass fresh orders approving the petitioner's appointment on a regular basis. This shall be done within one month from the date on which the petitioner produces a certified copy of this judgment before the Assistant Educational Officer with notice to the third respondent Manager. The respondents shall, after the petitioner's appointment is approved, take expeditious steps to draw and disburse arrears of salary and allowances at the applicable rate. P.N.RAVINDRAN, JUDGE. mn.