IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 15TH JUNE 2009 / 25TH JYAISHTA 1931 WP(C).No. 10585 of 2009(P) ------------------------------------------- PETITIONER(S): ------------------------ SHYNI.K,D/O.GOVIND,VIMALA GOVIND NIVAS, KUMBHAM,POST KOODALI, KANNUR DISTRICT. BY ADVS. SMT.K.K.CHANDRALEKHA MR.GOPAKUMAR G. (ALUVA) RESPONDENT(S): ------------------------ 1. STATE OF KERALA,REPRESENTED BY CHIEF SECRETARY,GOVERNMENT OF KERALA,THIRUVANANTHAPURAM. 2. THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION,GOVERNMENT OF KERALA,THIRUVANANTHAPURAM. 3. DISTRICT EDUCATIONAL OFFICER, KANNUR. BY GOVT. PLEADER MR.P.K.RAVIKRISHNAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.10585/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER DT. 26.11.08. P2:- COPY OF THE APPEAL MEMORANDUM . P3:- COPY OF THE ORDER DT. 19.2.09. P4:- COPY OF THE GO(P) 104/08/G.EDN. DT. 10.6.08. P5:- COPY OF THE ORDER DT. 15.6.04. TRUE COPY P.A. TO JUDGE TSS T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.10585/2009-P ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 15th day of June, 2009 J U D G M E N T The petitioner herein is working as L.P.S.A in Puleeppi Mopla L.P. School. Initially, she was appointed as L.P.S.A in the leave vacancy of one Sri.Abdul Rehman. The same was not approved by the Assistant Educational Officer. But, on an appeal preferred by the Manager, the District Educational Officer approved the appointment of the petitioner as one under the daily wage basis. The petitioner was again appointed as L.P.S.A in a permanent vacancy with effect from 03/11/2008. The approval of appointment of the petitioner was declined by the Assistant Educational Officer as per Ext.P1. The appeal filed by the Manager before the District Educational Officer was also disposed of as per Ext.P3. The petitioner challenges Ext.P4 Government Order, G.O.(P) No.104/2008/G.Edn. dated 10.6.2008, to the extent it restricts the matter of approval of appointment on daily wage basis. 2. The matter is now covered by the judgment, of a Division Bench of this Court, in a batch of cases reported in Unni Narayanan v. State of Kerala (2009 (2) KLT 604). Government Order, G.O.(P) W.P.(C). No.10585/2009 -:2:- No.104/2008/G.Edn. dated 10.6.2008 was under challenge in various writ petitions. This Court 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: “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. Therefore, the writ petition is allowed. Exts.P1 and P3 are set aside. The Assistant Educational Officer will pass appropriate orders in the W.P.(C). No.10585/2009 -:3:- light of the judgment of the Division Bench of this Court mentioned above, within a period of two months from the date of receipt of a copy of this judgment after examining various aspects. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms