IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 5TH APRIL 2011 / 15TH CHAITHRA 1933 WP(C).No. 4852 of 2011(F) ------------------------- PETITIONER: ------------------ RAGESH.G.R UPSA, SANSKRIT HIGH SCHOOL, VATTOLI, KOZHIKODE DISTRICT. BY ADV. SRI.R.K.MURALEEDHARAN RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REP. BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, TRIVANDRUM. 695001. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 695001. 3. THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE 695001. 4. THE DISTRICT EDUCATIONAL OFFICER, VATAKARA 695001. BY GOVERNMENT PLEADER SMT.RANI DIOTHIMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 4852 of 2011(F) ------------------------------------- APPENDIX ---------------- PETITIONER'S EXHIBITS -------------------------------------- EXT.P1. COPY OF THE APPOINTMENT ORDER DATED 4.6.2007. EXT.P2. COPY OF THE ORDER OF THE 3RD RESPONDENT DATED 2.9.2008. EXT.P3. COPY OF THE ORDER PASSED BY THE 2ND RESPONENT. EXT.P4. COPY of the COMMUNICATION OF THE 1ST RESPONDENT DATED 24.4.2009. EXT.P5. COPY OF THE GO (P) 104/2008/G.EDN DATED THIRUVANANTHAPURAM 10.6.2008 EXT.P6. COPY OF THE ORDER IN CCC NO.1092/2009 AND CONNECTED CASES. EXT.P7. COPY OF THE GO (P) NO.56/11/G.EDN DATED 26.2.2011. RESPONDENT'S EXHIBITS : NIL -------------------------------------- / TRUE COPY / P.A. TO JUDGE VK T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.4852 OF 2011 --------------------------------------- Dated this the 5th day of April, 2011. J U D G M E N T The petitioner who is working as UPSA in the Sanskrit High School, Vattoli in Kozhikode District seeks for a direction to the respondents to approve his appointment for the period from 09.07.2007 to 31.03.2008 on regular basis. Presently, the appointment has been approved on daily wage basis as evident from Ext.P4 communication issued by the Government to the Director of Public Instruction. 2. Obviously, the approval was made on daily wage basis on the basis of the Government Order namely, G.O.(P) No.104/ 2008/G.Edn dated 10.06.2008 (Ext.P5). It is pointed out that in the light of the decision of the Division Bench in Unni Narayanan vs. State of Kerala (2009 (2) KLT 604), the approval will have to be granted on regular basis. 3. Along with I.A.No.5913/2011, the petitioner has produced Ext.P7 Government Order namely, G.O.(P) No.56/11/ W.P.(C) No.4852/2011 2 G.Edn dated 26.02.2011. Therein, the Government has modified the stipulations in G.O.(P) No.169/04/G.Edn. dated 15.06.2004 and G.O.(P) No.104/2008/G.Edn. dated 10.06.2008. Therefore, in the light of the above Government Order, the issue regarding approval of appointment will be reconsidered by the Government. Therefore, Ext.P4 to the extent to which approval is granted on daily wage basis for the period from 09.07.2007 to 31.03.2008 is quashed. The remaining part of the order to approve the later period on regular basis will remain. Appropriate final orders will be passed by the Government within a period of three months from the date of receipt of a copy of this judgment. The petitioner will forward a representation along with a copy of the Government Order relied upon by him and with a copy of this judgment for compliance. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp