IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 12TH JUNE 2009 / 22ND JYAISHTA 1931 WP(C).No. 12018 of 2009(V) ---------------------------------------- PETITIONER(S): ------------------------ 1. VIJAYAPADMAN S/O. LATE M.K.JAYACHANDRAN, MANAGER, S.K.M.J. HIGHER SECONDARY SCHOOL, KALPETTA NORTH, WAYANAD. 2. P.C.CHITHRA, MANAGER, VIJAYA HIGHER SECONDARY SCHOOL, PULPALLY, WAYANAD-673 579. 3. V.M.MURALEEDHARAN, MANAGER, A.U.P.SCHOOL, VELLAMUNDA, P.O.VELLAMUNDA, WAYANAD. 4. V.V.JINARAJAN, MANAGER, A.U.P.SCHOOL, VARADOOR, VARADOOR P.O., WAYANAD. 5. MANOHAR NAIR, MANAGER, A.U.P.SCHOOL, VANHODE P.O., VELLAMUNDA, WAYANAD. BY ADVS. MR.JIJI THOMAS MRG.B.SHAMJITH RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY OF GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, WAYANAD. W.P.(C) NO.12018/2009 4. THE DISTRICT EDUCATIONAL OFFICER, KALPETTA, WAYANAD. 5. THE ASSISTANT EDUCATIONAL OFFICER, SULTHAN BATHERY, WAYANAD. 6. THE ASSISTANT EDUCATIONAL OFFICER, MANANTHAVADY, WAYANAD. BY SR GOVT. PLEADER MR.MUHAMOOD T.T THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.12018/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE GOVT. ORDER GO(P) NO.104/08 G.EDN. DT. 10.6.08. P2:- COPY OF THE APPOINTMENT ORDER DT. 2.8.08. P3:- COPY OF THE GO(P) NO.31/06 GEN. EDN. DT. 19.1.06. P4:- GO(P) NO.169/04 GEN. EDN. DT. 15.6.04. P5:- COPY OF THE ORDER DT. 17.9.08 IN WPC. 27687/08. TRUE COPY P.A. TO JUDGE TSS T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.12018/2009-V ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 12th day of June, 2009 J U D G M E N T The petitioners herein are managers of different schools. They are aggrieved by Exts.P1, P3 and P4 orders issued by the Government incorporating various provisions regarding the mode of approval of appointments in various schools. Ext.P2 order of approval dated 02/08/2008, passed by the Assistant Educational Officer is in respect of the second petitioner's school, wherein approval has been granted only on daily wage basis as per G.O.(P).No.104/08/G.Edn., dated 10/06/2008 for the period from 02/08/2008 to 31/03/2009. 2. Now the matter is covered by the judgment of this Court in Unni Narayanan v. State of Kerala (2009 (2) KLT 604), wherein it was 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-terminous 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: W.P.(C). No.12018/2009 -:2:- “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.” 3. In the light of the above, Ext.P2 to the extent to which approval is given only on daily wages basis is quashed. The District Educational Officer will pass fresh orders in the light of the findings rendered by the Division Bench in the above decision, within a period of two months from the date of receipt of a copy of this judgment. The declaration of law made by the Division Bench in the above judgment will apply in the case of the schools managed by the petitioners. The petitioners will produce a copy of this judgment along with a copy of the Division Bench judgment referred to above, before the authority concerned for compliance. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms