IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 21ST DECEMBER 2009 / 30TH AGRAHAYANA 1931 WP(C).No. 36436 of 2009(Y) -------------------------------- PETITIONER: -------------- T.E.SAREEFA, HINDI TEACHER (PART TIME), P.M.M.U.P.SCHOOL, CHENTRAPPINNI (EAST), THRISSUR DISTRICT. BY MS.K.P.GEETHA MANI, ADVOCATE. RESPONDENTS: ------------------ 1. STATE OF KERALA, REP.BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. THE ASSISTANT EDUCATIONAL OFFICER, VALAPPAD, TRICHUR DISTRICT. 3. THE MANAGER, P.M.M.U.P.SCHOOL, CHENTRAPPINNI (EAST), THRISSUR DISTRICT. BY MR.T.T. MUHAMOOD, SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.36436 OF 2009 --------------------------------------- Dated this the 21st day of December, 2009. J U D G M E N T The petitioner was appointed as UPSA (Hindi) in a leave vacancy for the period from 16.06.2008 to 03.06.2010. The petitioner joined the said post on 16.06.2008. The approval of the same was declined as per Exhibit P2 relying upon G.O.(P)No.104/08/G.Edn. dated 10.06.2008 and for the reason that the said Government Order does not provide for appointment in a scale of pay. 2. It is contended by the petitioner that the said Government Order itself was under challenge in Unni Narayanan vs. State of Kerala (2009(2) KLT 604) wherein it was held that the executive order cannot override the statutory provisions. It is therefore, submitted that Exhibit P2 order has to be set aside and the Assistant Educational Officer has to be directed to pass a fresh order in the light of the legal principles stated by this Court in Unni Narayanan's case (supra). 3. Learned Government Pleader on instructions submitted that subsequently the Manager has issued a fresh appointment W.P.(C) No.36436/2009 2 order with effect from 01.06.2009 and the proposal for approval of the same is pending before the Assistant Educational Officer itself. The Assistant Educational Officer has sought certain clarifications in the matter. Going by the dictum laid down in Unni Narayanan vs. State of Kerala (2009(2) KLT 604), Exhibit P2 cannot be supported. In that view of the matter, Exhibit P2 is quashed. There will be a direction to the 2nd respondent-Assistant Educational Officer to take a fresh decision, after hearing the petitioner and the Manager, within a period of two months from the date of receipt of a copy of this judgment. This will be subject to the result of the Special Leave Petition pending against the decision in Unni Narayanan's case. The 2nd respondent will also be free to take a decision with regard to the grant of approval based on the appointment order with effect from 01.06.2009. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp