IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 22ND JUNE 2009 / 1ST ASHADHA 1931 WP(C).No. 16019 of 2009(V) -------------------------------- PETITIONERS: ---------------- 1. MARILYN V.CHALISSERY, CHALISSERY HOUSE, EAST FORT, THRISSUR-680 005, U.P.S.A., ST.JOSEPH'S U.P.S., KUNDANNUR. 2. SHEEBA P.V., W/O. JOBY THOMAS, ALOOR HOUSE, ORUMANAYUR, CHAVAKKAD (VIA), THRISSUR-680 512, U.P.S.A., ST.JOSEPH'S U.P.S., KUNDANNUR. 3. JEXY C.J., MURINGATHERY HOUSE, KUTTANCHERY P.O., PATHIYARAM, THRISSUR-680 584, U.P.S.A., ST.JOSEPH'S U.P.S., KUNDANNUR. 4. DELIN M.D., MANGAN HOUSE, VADANAPPALLY, THRISSUR-680 614, U.P.S.A., ST.JOSEPH'S U.P.S., KUNDANNUR. BY MR.JIJO PAUL, ADVOCATE. RESPONDENTS: ------------------ 1. THE STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. WP(C).No. 16019 of 2009(V) 3. ASSISTANT EDUCATIONAL OFFICER, WADAKKANCHERRY. 4. THE CORPORATE MANAGER, CORPORATE EDUCATIONAL AGENCY, ARCHDIOCESE OF THRISSUR, THRISSUR-680 005. BY MR. A.J. VARGHESE, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.16019 OF 2009 --------------------------------------- Dated this the 22nd day of June, 2009. J U D G M E N T The petitioners herein are aggrieved by the rejection of application for approval of their appointments. The main reason for rejection is that as per G.O.(P) No.104/2008/G.Edn dated 10.06.2008, the approval can only be on daily wages. 2. The 1st petitioner was appointed in a vacancy which arose consequent on the grant of leave without allowance for a period of five years. Exhibit P2 is the order of appointment. Exhibit P3 is the copy of the proceedings of the Assistant Educational Officer concerned. The objection taken therein is in the light of Exhibit P1 Government Order. 3. Exhibit P4 is the order of appointment of the 2nd petitioner and Exhibit P5 is the order rejecting the approval. As regards the 3rd petitioner, Exhibit P6 is the order of appointment and Exhibit P7 is the order rejecting the grant of approval. The order of appointment of the 4th petitioner is Exhibit P8 and the W.P.(C) No.16019/2009 2 order passed rejecting the approval is Exhibit P9. The rejection orders are under challenge in this writ petition. 4. Presently, the issue is covered in favour of the petitioners as per the Division Bench decision of this Court in Unni Narayanan vs. State of Kerala (2009(2) KLT 604). In paragraph 7 of the said judgment it was held 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 amended, Exhibit P2 cannot be pressed into service by the Government. 5. 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 W.P.(C) No.16019/2009 3 be completed within six weeks from the date of production of a copy of this judgment”. In the light of the above, Exhibits P3, P5, P7 and P9 are quashed. The Assistant Educational Officer will pass fresh orders in the light of the directions issued by the Division Bench above which will govern this case also. Appropriate orders shall be passed within a period of two months from the date of receipt of a copy of this judgment. The petitioners will produce a copy of this judgment along with copy of the judgment of the Division Bench referred to above before the Assistant Educational Officer for compliance. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp