IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 8TH JUNE 2009 / 18TH JYAISHTA 1931 WP(C).No. 11696 of 2009(F) --------------------------------------- PETITIONER(S): ------------------------- MANU.N., UPSA, SKV SANSKRIT UPS (SREEKRISHNA VILASOM SANSKRIT UPPER PRIMARY SCHOOL) PONAKOM, MAVELIKARA. (PAROOR HOUSE, CHETTIKULANGARA, MAVELIKARA-6). BY ADVS. MRK.SASIKUMAR MR.S.ARAVIND MR.S.SREEDUTT RESPONDENT(S): -------------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION, DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. DISTRICT EDUCATIONAL OFFICER, MAVELIKKARA. 4. ASSISTANT EDUCATIONAL OFFICER, MAVELIKKARA. 5. HEADMASTER, SKV SANSKRIT UP SCHOOL, PONAKOM, MAVELIKARA. 6. MANAGER,SKV SANSKRIT UP SCHOOL, PONAKOM, MAVELIKARA. BY SR. GOVT. PLEADER MR.T.T.MUHAMOOD ADV.MR.S.KANNAN FOR R5 & 6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.11696/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER DT. 3.10.07 ISSUED BY THE 4TH RESPONDENT ALLOWING TO RELIEVE SMT.SREE REKHA P.S. UPSA FROM SKV UPS, PONAKOM WITH EFFECT FROM 4.10.07. P2:- COPY OF THE APPOINTMENT ORDER DT. 13.11.07 ISSEUD BY THE 6TH RESPONDENT APPOINTING THE PETITIONER AS U.P.S.A IN THE SCHOOL FROM 13.11.07 ONWARDS. P3:- COPY OF THE ORDER DT. 17.12.07 ISSUED BY THE 4TH RESPONDENT. P4:- COPY OF THE APPEAL MEMO DT. 17.1.08 FILED BY THE 6TH RESPONDENT BEFORE THE 3RD RESPONDENT. P5:- COPY OF THE ORDER DT. 19.3.08 ISSUED BY THE 3RD RESPONDENT. P6:- COPY OF THE REVISION MEMORANDUM DT. 11.4.08. P7:- COPY OF THE ORDER DT. 2.6.08 ISSUED BY THE 7TH RESPONDENT. P8:- COPY OF THE ORDER DT. 25.8.08 ISSUED BY THE 2ND RESPONDENT. P9:- COPY OF THE MEMORANDUM OF REVISION DT. 12.11.08 FIELD BY the 6TH RESPONDENT MANAGER BEFORE THE IST RESPONDENT. P10:- COPY OF THE ORDER DT. 3.3.09 ISSUED BY THE SIT RESPONDENT -GOVERNMENT. P11:- COPY OF THE GO(O) NO.169/G.EDN. DT. 15.6.04 ISSUED BY THE IST RESPONDENT. P12:- COPY OF THE CIRCULAR DT. 11.9.07 ISSEUD BY THE 2ND RESPONDENT. P13:- COPY OF THE ORDER DT. 8.8.07 ISSUED BY THE IST RESPONDENT P14:- COPY OF THE ORDER DT. 16.10.07 OF THE 2ND RESPONDENT. P15:- COPY OF THE ORDER DT. 6.11.07 ISSEUD BY THE 2ND RESPONDENT. P16:- COPY OF THE CONSEUENTIAL ORDER ISSUED BY THE ASSISTANT EDUCATIONAL OFFICER CONCERNED. P17:- COPY OF THE ORDER DT. 7.3.08 ISSUED BY THE ADDITIONAL D.P.I. P18:- COPY OF THE GO(RT) NO.4286/08 G.EDN. DT. 25.9.08. TRUE COPY P.S. TO JUDGE TSS T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.11696 of 2009-F - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of June, 2009. JUDGMENT The petitioner herein is aggrieved by the grant of approval of appointment on daily wages basis, even though he was appointed as a regular hand from 13.11.2007 onwards. Ext.P2 is the order of appointment. That was rejected as per Ext.P3 relying upon G.O.(P) No.164/04/G.Edn. dated 15.6.2004. The Manager filed an appeal as per Ext.P4 and the District Educational Officer directed approval as U.P.S.A. from 13.11.2007 to 31.3.2008 on daily wages basis and from the reopening date on scale of pay basis. This was challenged before the Director of Public Instruction as per Ext.P6. Subsequently, the Manager issued an order of appointment in accordance with the directions issued by the District Educational Officer, as per Ext.P7. Ext.P7 shows that the petitioner's appointment has been approved on daily wages basis. Ext.P6 revision filed by the Manager was also rejected by Ext.P8 which was challenged before the Government as per Ext.P9. By Ext.P10, the same also stands dismissed. The said orders are under challenge in this writ petition. 2. This court in a batch of cases, reported in Unni Narayanan v. wpc 12696/2009 2 State of Kerala (2009 (2) KLT 604) held that without amending the statutory rules, a Government Order cannot be pressed into service. It was held that “if the vacancy is having a duration of one academic year or more, appointment can be made to fill up the same. The term of appointment need not be co-terminus with the term of the vacancy. If, in fact, the vacancy is having a duration of one academic year or more, even if, there is some delay in making the appointment, such appointment will have to be approved.” Ultimately, in para 12, a direction was issued as follows: “12. 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.” Accordingly, Exts.P5, P8 and P10 are quashed to the extent the appointment of the petitioner is approved on daily wages basis for the wpc 12696/2009 3 period from 13.11.2007 onwards, are quashed. There will be a direction to the Asst. Educational Officer to reconsider the approval of the petitioner and pass appropriate orders in the light of the findings rendered by the Division Bench in the above case, within a period of two months from the date of receipt of a copy of this judgment. The writ petition is allowed as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/