IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 6TH AUGUST 2009 / 15TH SRAVANA 1931 WP(C).No. 22330 of 2009(I) -------------------------------- PETITIONER: -------------- THE MANAGER, HHSIB SWAMIJI'S HIGHER SECONDERY SCHOOL, EDNEER, P.O.EDNEER, KASARAGOD DIST - 671 514. BY MR.K.SHRIHARI RAO, ADVOCATE. MS.N.SHOBHA, ADVOCATE. RESPONDENTS: ------------------ 1. THE STATE OF KERALA REP.BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM/. 2. DEPUTY DIRECTOR OF EDUCATION, KASARAGOD. 3. THE DISTRICT EDUCATIONAL OFFICER, KASARAGOD. BY MR. A.J. VARGHESE, SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.22330 OF 2009 --------------------------------------- Dated this the 6th day of August, 2009. J U D G M E N T The petitioner is the Manager of H.H.S.I.B. Swamiji's Higher Secondary School, Edneer in Kasaragod District. The petitioner appointed one Sri.Suresh Kumar as H.S.A (English) in a vacancy that arose due to the resignation of one Kumari Vanishree S.Rao, H.S.A (English). By Exhibit P1, the District Educational Officer approved the appointment only on daily wage basis from 01.07.2008 to 31.03.2009. It is submitted that the said order is passed in the light of the Government Order, G.O.(P)No.104/2008/G.Edn. dated 10.06.2008. 2. The issue is now settled by this Court in Unni Narayanan vs. State of Kerala (2009(2) KHC 550). The Division Bench has held in paragraph 7 of the said judgment that the offending conditions in Exhibit P2 Government Order cannot stand with the statutory rules. Therefore, for enforcing them, the relevant rules require amendment. As long as the rules are not W.P.(C) No.22330/2009 2 amended, Exhibit P2 cannot be pressed into service by the Government. 3. Finally in paragraph 12, the following directions were issued: “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”. The petitioner has already moved the District Educational Officer as per Exhibit P2 representation to reconsider Exhibit P1. Therefore, Exhibit P1 as far as it approves the appointment only on daily wage basis is quashed. There will be a direction to the 3rd respondent to pass appropriate orders in the matter, after W.P.(C) No.22330/2009 3 hearing the petitioner, within a period of two months from the date of receipt of a copy of this judgment. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp