IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 23RD OCTOBER 2009 / 1ST KARTHIKA 1931 WP(C).No. 30093 of 2009(F) -------------------------------------- PETITIONER(S): ---------------------- 1. THE MANAGER, M.J.D. HIGH SCHOOL, KUNNAMKULAM, THRISSUR DISTRICT. 2. ASHA P.VERGHESE, W/O.GEIJO P.PAILUNNY, AGED 29 YEARS, HIGH SCHOOL ASSISTANT (PHYSICAL SCIENCE), M.J.D.HIGH SCHOOL, KUNNAMKULAM. BY ADV. MR.V.A.MUHAMMED MR.K.E.HAMZA RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM. 14. 3. THE DISTRICT EDUCATIONAL OFFICER, CHAVAKKAD, THRISSUR DISTRICT. R1 TO R3 BY SR. GOVERNMENT PLEADER MR.MUHAMOOD T.T. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 30093 of 2009-F - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of October, 2009. JUDGMENT The second petitioner herein was appointed as H.S.A. (Physical Science) as per Ext.P1 order of appointment, in a vacancy which arose consequent on the promotion of another teacher. The appointment is approved from 2.7.2009 to 31.3.2010 on daily wage basis. Obviously, the said approval is granted in the light of Ext.P2 Govt. Order dated 15.6.2004 and Ext.P3 dated 10.6.2008. It is the contention of the petitioner that in the light of the decision of a Division Bench of this Court in Unni Narayanan v. State of Kerala (2009 (2) KLT 604), the approval granted as such cannot be sustained. Reliance is also placed on Ext.P4 judgment of this court in a similar case. 2. The Division Bench in the above case, has held that the Govt. Order Ext.P3 cannot be enforced without amending the rules. In that view of the matter, Ext.P1 as far as it approves the appointment on daily wage basis, is quashed. The third respondent will approve the appointment of the second petitioner for the period in question and disburse salary and allowances in the scale of H.S.A. (Physical Science). However, it is made wpc 30093/2009 2 clear that the same will be subject to the Special Leave Petition, if any, that is filed against the judgment of the Division Bench and on the petitioner furnishing an undertaking to the effect that the benefits received will be reimbursed. The orders as directed above, will be passed within a period of six weeks from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/