IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 29TH MAY 2009 / 8TH JYAISHTA 1931 WP(C).No. 35823 of 2008(M) ---------------------------------- PETITIONER(S): ------------------------ KAVYA.V.P, H.S.A (MALAYALAM), VPM SNDP HIGHER SECONDARY SCHOOL, KAZHIBRAM, THRISSUR DISTRICT, RESIDING AT VALLULLISSERY HOUSE, EDAMUTTOM.P.O, THRISSUR DISTRICT BY ADV. SMT.P.V.ASHA RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. THE DISTRICT EDUCATIONAL OFFICER, CHAVAKKAD, THRISSUR DISTRICT. SR GOVT. PLEADER MR.P.K.RAVIKRISHNAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W. P.(C) NO.35823/2008 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER DT. 6.6.07 OF THE MANAGER ALONG WITH ENDORSEMENT DT. 7.9.07 OF THE DEO. P2:- COPY OF THE REVISION PETITION DT. 2.6.08 OF PETITIONER TO IST RESPONDENT. P3:- ENDORSEMENT MADE BY THE HEADMISTRESS RETURNING APPLICATION FOR MATERNITY LEAVE. P4:- COPY OF THE JUDGMENT DT. 10.7.08 IN WP.C. 20861/08. P5:- COPY OF THE ORDER NO.EM6-54362/08/DPI/K.DIS DT. 19.1.08 OF THE 2ND RESPONDENT. P6:- COPY OF THE G.O. (P) 169/04 DT. 15.6.04. P7:- COPY OF THE GO(P) NO.104/08 /G.E. DT. 10.6.08. TRUE COPY P.S. TO JUDGE TSS T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.35823 of 2008-M - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of May, 2009. JUDGMENT The petitioner was appointed as High School Assistant (Malayalam) in an aided school in a leave vacancy for the period from 6.6.2007 to 5.6.2012. By Ext.P1, the approval granted is restricted till 31.3.2008 with a further rider that it will be on daily wage basis. The same was challenged before the Director of Public Instruction by Ext.P2. This court, by Ext.P4 judgment directed the Director of Public Instruction to dispose of the revision petition. Ext.P5 is the subsequent order passed by the Director of Public Instructions. After relying upon G.O.(P) No.169/2004 dated 15.6.2004 and G.O.(P) No.104/2008/G.Edn. dated 10.6.2008 the revision petition was rejected. 2. Exts.P6 and P7 are the said Government Orders which are under challenge in this writ petition. The validity of the above orders were under challenge in various writ petitions before this court. In Unni Narayanan v. State of Kerala (2009 (2) KLT 604), a Division Bench of this court held that the said Government Order (Ext.P7) cannot be pressed into service without amending the rules. It was held further that “if the vacancy is wpc 35823/2008 2 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.” It was finally directed that: “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.” In the light of the above, the writ petition is allowed. Ext.P1 to the extent to which the appointment is approved on daily wage basis, is quashed. Ext.P5 order passed by the Director of Public Instruction is also set aside. The District Educational Officer will pass fresh orders in the light of the directions of the Division Bench in the above judgment, within a wpc 35823/2008 3 period of two months from the date of receipt of a copy of this judgment. Consequential benefits will be sanctioned. The petitioner will produce a copy of the judgment of the Division Bench along with a copy of this judgment before the District Educational Officer for compliance. (T.R. Ramachandran Nair, Judge.) kav/