IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 1ST JUNE 2009 / 11TH JYAISHTA 1931 WP(C).No. 9558 of 2009(L) ------------------------------ PETITIONER: -------------- ABHILASH.V.S., U.P.S.A., AUPS KUNHOME, MUTTILAYAM P.O., WAYANAD. BY MR.P.C.SASIDHARAN, ADVOCATE. RESPONDENTS: ------------------ 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, WAYANAD. 3. THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTNT EDUCATIONAL OFFICER, MANANTHAWADY. 4. THE MANAGER, AUPS KUNHOME, MUTTALIYAM P.O., WAYANAD. BY MS. T.B. REMANY, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.9558/2009 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF THE PROCEEDINGS OF the 2ND RESPONDENT DTD. 18.7.08. EXT. P2 : COPY OF THE APPOINTMENT ORDER DTD. 24.7.08. EXT. P3 : COPY OF THE PROCEEDINGS OF the 3RD RESPONDENT DTD. 6.12.08. EXT. P4 : COPY OF the LETTER OF the 4TH RESPONDENT DTD. 28.12.08. EXT. P5 : COPY OF THE G.O.(P) No.104/2008/G.Edn dated 10.6.08. EXT. P6 : COPY OF THE STAFF STATEMENT AS ON 24.7.08 OF the SCHOOL. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.9558 OF 2009 --------------------------------------- Dated this the 1st day of June, 2009. J U D G M E N T The petitioner was appointed as U.P.S.A in a permanent vacancy in A.U.P. School, Kunhome as per Exhibit P2 order. The same has been rejected relying upon the Government Order dated 10.06.2008. The Manager has filed Exhibit P4 before the District Educational Officer seeking to reconsider the matter. Exhibit P5 is a copy of G.O.(P) No.104/2008/G.Edn dated 10.06.2008 . It is under challenge in this writ petition on various grounds. 2. A Division Bench of this Court, in W.P.(C) No.2563/2009 and connected cases (K.Unni Narayanan vs. State of Kerala reported in (2009(2) KLT 604)) has considered the validity of the very same Government Order. In paragraph 7 of the said judgment it was held that the offending conditions in Exhibit P2 Government Order cannot stand with the statutory rules. Therefore, for enforcing them, the relevant rules require W.P.(C) No.9558/09 2 amendment. As long as the rules are not amended, Exhibit P2 cannot be pressed into service by the Government. 3. Exhibit P2 therein is Exhibit P5 herein. In the light of the above, the petitioner is entitled to succeed. The Division Bench disposed of similar matters by the earlier judgment as per the directions in paragraph 12 which are reproduced below: “In the case of the writ petitioners in these cases, orders, if any passed, approving their appointments on daily wage basis, 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”. In the light of the above, Exhibit P3 is quashed. There will be a direction to the Assistant Educational Officer to consider the grant of approval in the light of the findings rendered by the Division Bench within a period of two months from the date of W.P.(C) No.9558/09 3 receipt of a copy of this judgment. The petitioner will produce a copy of this judgment along with copy of the judgment of the Division Bench referred to above before the Assistant Educational Officer for compliance. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp