IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 1ST JULY 2009 / 10TH ASHADHA 1931 WP(C).No. 18248 of 2009(A) -------------------------- PETITIONER(S): --------------- JAYASREE.E.,AGED 41, D/O.SANKARA NARAYANAN NAMBIAR,W/O.PARAMESWARAN.A., ELAMKOTTIL HOUSE,PAZHAVOOR P.O.,THAYYUR,ERUMAPETTY VADAKKANCHERRY TALUK,THRISSUR DISTRICT. BY ADV. SRI.B.S.SURESH KUMAR RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY SECRETARY,MINISTRY OF EDUCATION, SECRETARIAT ANNEX,TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, OFFICE OF THE DPI,JAGATHY,TRIVANDRUM. 3. THE DEPUTY DIRECTOR OF EDUCATION, THRISSUR. 4. DISTRICT EDUCATIONAL OFFICER,THRISSUR. 5. THE MANAGER,ST.GEORGE HIGH SCHOOL, PUTTEKKARA,ANJOOR P.O.,MUNDOOR,THRISSUR DISTRICT. GOVERNMENT PLEADER, SMT.T.B.REMANI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C).No.18248/2009-A ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 1st day of July, 2009 J U D G M E N T The petitioner herein is working as High School Assistant (Sanskrit) in St.George High School, Puttekkara, managed by the fifth respondent. She was appointed as per Ext.P1 order dated 01/07/2005. The vacancy arose consequent on the promotion given to one Shri K.R.Peethambaran, H.S.A (Sanskrit) as Headmaster. It appears that there were various disputes with regard to the promotion etc. of Shri K.R.Peethambaran and, he also retired from service on 31/03/2007 on attaining superannuation. As per Ext.P3, approval has been granted by the Government for appointment of Shri K.R.Peethambaran as Headmaster with effect from 01/06/2005 to 31/03/2007. 2. The petitioner is presently aggrieved by Ext.P4 order passed by the District Educational Officer rejecting the proposal to approve her appointment on regular scale of pay, in the light of G.O.(P) No.104/08/G.Edn., dated 10/06/2008. The petitioner challenges this Government Order in the writ petition along with Ext.P4. 3. This court in a batch of cases, reported in Unni Narayanan v. State of Kerala (2009 (2) KLT 604) held that without amending the W.P.(C). No.18248/2009 -:2:- statutory rules, a Government Order cannot be pressed into service. It was held that “if the vacancy is having a duration of one academic year or more, appointment can be made to fill up the same. The term of appointment need not be co-terminous with the term of the vacancy. If, in fact, the vacancy is having a duration of one academic year or more, even if, there is some delay in making the appointment, such appointment will have to be approved.” Ultimately, in para 12, a direction was issued as follows: “12. 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.” 4. In the light of the above, Ext.P4 is quashed. The fourth respondent will pass fresh orders in the light of the findings rendered by the Division Bench in the above decision, within a period of two months from the date of receipt of a copy of this judgment. The petitioner will produce a W.P.(C). No.18248/2009 -:3:- copy of this judgment along with a copy of the judgment of the Division Bench referred to above, before the fourth respondent for compliance. The writ petition is disposed of as above. No costs. T.R.RAMACHANDRAN NAIR, JUDGE ms