IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 17TH JULY 2009 / 26TH ASHADHA 1931 WP(C).No. 20111 of 2009(H) -------------------------------- PETITIONERS: ---------------- 1. VINODAN K.K.,P.T.SANSKRIT TEACHER, HOLY FAMILY U.P.SCHOOL,CHANGAROTH, PERUVANNAMOOZHI VIA,KOZHIKODE DISTRICT. 2. RAJU K.,JUNIOR LANGUAGE TEACHER (SANSKRIT P.T),NIRMALA U.P.SCHOOL, CHAMAL,KOZHIKODE DISTRICT. BY MR.P.J.MATHEW, ADVOCATE. MR.K.B.ARUNKUMAR, ADVOCATE. RESPONDENTS: ------------------ 1. THE STATE OF KERALA,REP.BY THE SECRETARY TO GOVERNMENT,GENERAL EDUCATION DEPARTMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. ASSISTANT EDUCATIONAL OFFICER, KUNNAMMAL,P.O.VATTOLI,KOZHIKODE DISTRICT. 3. THE ASSISTANT EDUCATIONAL OFFICER, THAMARASSERY,KOZHIKODE DISTRICT. 4. THE CORPORATE MANAGER, CORPORATE EDUCATIONAL AGENCY, DIOCESE OF THAMARASSERY,KOZHIKODE DISTRICT. BY MR. A.J. VARGHESE, SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.20111 OF 2009 --------------------------------------- Dated this the 17th day of July, 2009. J U D G M E N T The 1st petitioner was appointed as part time Sanskrit Teacher in Holy Family U.P. School, Changaroth with effect from 09.07.2008. He was appointed in a regular/permanent vacancy that arose due to the retirement of Sri.V.V.Gopinathan on 30.06.2008. Exhibit P1 is the copy of the order of appointment. 2. The 2nd petitioner was appointed as Junior Language Teacher Sanskrit (P.T) with effect from 15.07.2008. He was appointed in a regular/permanent vacancy that arose due to the promotion of Smt.Lincy George and her transfer to St.George H.S.S, Kulathuvayal. Exhibit P2 is the copy of the said appointment order. 4th respondent is the Manager of these two schools. 3. Exhibit P1 will show that the appointment of the 1st petitioner was approved only on daily wage basis. The order is passed by the 2nd respondent. Exhibit P2 will show that the W.P.(C) No.20111/2009 2 3rd respondent sanctioned only daily wages from 15.07.2008 to 31.03.2009 for the 2nd petitioner. The approval as such has been granted in the light of Exhibit P3 Government Order, G.O.(P) No.104/2008/G.Edn. dated 10.06.2008. 4. The validity of Exhibit P3 Government Order was under challenge in various writ petitions before this Court and a Division Bench of this Court in Unni Narayanan vs. State of Kerala (2009(2) KLT 604) has held in paragraph 7 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.20111/2009 3 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”. In the light of the above, Exhibits P1 and P2 to the extent to which approval is denied on regular basis are quashed. The respondents 2 and 3 will pass fresh orders regarding grant of approval to petitioners 1 and 2, in the light of the directions issued by the Division Bench above. 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 respondents 2 and 3 for compliance. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp