IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 19TH AUGUST 2009 / 28TH SRAVANA 1931 WP(C).No. 19705 of 2009(G) -------------------------------- PETITIONER: -------------- MANAGER S.M.H.S.S. PATARAM, SOORANAD SOUTH, KOLLAM. BY MR.JOHN JOSEPH VETTIKAD, ADVOCATE. RESPONDENTS: ----------------- 1. STATE OF KERALA, REP.BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT EDUCATIONAL OFFICER, KOTTARAKKARA. BY MR. K. RAMESH, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.19705/2009 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF LETTER DTD. 30.5.09 OF R2. EXT. P2 : COPY OF LETTER DTD. 17.1.09 OF R2. EXT. P3 : COPY OF LETTER DTD. 31.12.08 OF R2. EXT. P4 : COPY OF LETTER DTD. 20.12.08 OF R2. EXT. P5 : COPY OF LETTER DTD. 5.6.09 SUBMITTED BY PETITIONER TO R2 IN RESPECT OF SMT.R. LEKHA HSA (MALAYALAM). EXT. P6 : COPY OF LETTER DTD. 25.5.09 SUBMITTED BY PETITIONER BEFORE R2 IN RESPECT OF SMT.REJANI S HSA (MALAYALAM). EXT. P7 : COPY OF LETTER DTD. 25.5.09 SUBMITTED BY PETITIONER BEFORE R2 IN RESPECT OF SMT.SHINI K.R. HSA (ENGLISH). EXT. P8 : COPY OF LETTER DTD. 25.5.09 SUBMITTED BY PETITIONER BEFORE R2 IN RESPECT OF SMT.NEETHU S. HSA (MALAYALAM). EXT. P9 : COPY OF LETTER DTD. 23.6.09 ISSUED BY R2 IN RESPECT OF SMT. REJANI S., HSA (MALAYALAM). EXT. P10 : COPY OF LETTER DTD. 23.6.09 ISSUED BY R2 IN RESPECT OF SMT.SHINI K.R. HSA (ENGLISH). EXT. P11 : COPY OF LETTER DTD. 23.6.09 ISSUED BY R2 SMT.NEETHU S. AS HSA (MALAYALAM). RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.19705 OF 2009 --------------------------------------- Dated this the 19th day of August, 2009. J U D G M E N T The petitioner is the Manager of an school namely, S.M.H.S.S Pataram, Sooranad in Kollam District. Aggrieved by the orders whereby the approval of appointments were rejected based on G.O.(P) No.104/2008/Gen.Edn dated 10.06.2008, this writ petition has been filed. 2. The petitioner submits that in the light of the decision of a Division Bench of this Court in Unni Narayanan vs. State of Kerala (2009(2) KLT 604), the objection cannot be sustained. The issue was considered by this Court in detail in the above decision. It was held in paragraph 7 therein 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. Finally in paragraph 12, the following directions were issued: W.P.(C) No.19705/2009 2 “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”. Therefore, the orders of rejection namely, Exhibits P1 to P4 are set aside. The dictum laid down by the Division Bench will squarely apply to the petitioner. The 2nd respondent will reconsider the matter in the light of the directions issued by the Division Bench above and appropriate orders shall be passed within a period of six weeks 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