IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 18TH JUNE 2009 / 28TH JYAISHTA 1931 WP(C).No. 16889 of 2009(E) -------------------------------------- PETITIONER(S): ---------------------- SHIBU.K, H.S.A. (MALAYALAM), NANMINDA HIGHER SECONDARY SCHOOL, NANMINDA P.O., KOZHIKODE, PIN-673 613. BY ADV. MR.P.J. MATHEW MR.K.B. ARUNKUMAR RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE. 3. THE DISTRICT EDUCATIONAL OFFICER, THAMARASSERY, KOZHIKODE DISTRICT. 4. MANAGER, NANMINDA HIGHER SECONDARY SCHOOL, NANMINDA P.O., KOZHIKODE, PIN-673 613. R1 TO R3 BY GOVERNMENT PLEADER MR.A.J. VARGHESE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. P.N.RAVINDRAN, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C) No. 16889 of 2009 E =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 18th day of June, 2009 JUDGMENT Heard Sri. P.J. Mathew, the learned counsel appearing for the petitioner and Sri. A.J. Varghese, the learned Government Pleader appearing for respondents 1 to 3. In the nature of the order that I propose to pass, it is not necessary to issue notice to or hear the fourth respondent. 2. The petitioner was appointed as High School Assistant (Malayalam) in the fourth respondent's school on 25-6-2008 against a resignation vacancy. By Ext.P7 order passed on 30-1-2009 the District Educational Officer declined to approve the said appointment on the ground that the appointment is for a period of less than one academic year. While passing Ext.P7 order, the District Educational Officer relied on Ext.P6 Government order dated 10-6-2008. A similar issue was considered by a Division Bench of this Court in Unni Narayanan, K. and others V. State of Kerala and others (ILR 2009(2) Ker. 487). The Division Bench held that the said Government order cannot operate as the field is occupied by statutory rules. It was also held that the term of appointment need not be co-terminus with the duration of the vacancy and that even if appointments are made to W.P.(C) No. 16889/09 2 vacancies, the duration of which is less than one academic year, they are liable to be approved. In the light of the authoritative pronouncement of the Division Bench of this Court in Unni Narayanan, K. and others V. State of Kerala and others (Supra) to which the State of Kerala is a party, I am of the opinion that Ext.P7 cannot be sustained. 3. In the result, the writ petition is allowed, Ext.P7 is quashed and the District Educational Officer, Thamarassery is directed to pass revised orders on the proposal submitted by the fourth respondent Manager to approve the appointment of the petitioner expeditiously and in any event within six weeks from the date on which the petitioner produces a certified copy of this judgment. This shall be done with notice to the fourth respondent Manager. If besides the reason stated in Ext.P7 no other impediment exists, the petitioner's appointment shall be approved. In the event of the appointment being approved, the respondents shall also take steps to draw and disburse arrears of salary and allowances to the petitioner at the applicable rates expeditiously and in any event within two months from the date on which approval of appointment is granted. P.N.RAVINDRAN, JUDGE. mn.