IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 30TH NOVEMBER 2009 / 9TH AGRAHAYANA 1931 WP(C).No. 33479 of 2009(D) -------------------------- PETITIONERS: --------------- 1. UNNIMAYA.T.U, LPSA, HIDAYATHUL ISLAM HIGH SCHOOL, PONNARIMANGALAM, ERNAKULAM. 2. SAUMYA.S, LPSA, HIDAYATHUL ISLAM HIGH SCHOOL, PONNARIMANGALAM, ERNAKULAM. BY ADV. SRI.AUGUSTINE JOSEPH SRI.K.S.ROCKEY RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM. 4. THE DISTRICT EDUCATIONAL OFFICER, ERNAKULAM. 5. THE MANAGER, HIDAYATHUL ISLAM HIGH SCHOOL, PONNARIMANGALAM, ERNAKULAM. BY SR. GOVT. PLEADER SRI. MUHAMOOD T.T THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.33479 of 2009 -------------------------- Dated this the 30th November,2009 J U D G M E N T Petitioners herein are working as Lower Primary School Assistants under the 5th respondent Manager. They were appointed as per Exts.P1 and P2 orders in permanent vacancies. 2. By Exts.P3 and P4, their appointments have been approved only on daily wage basis for the periods shown in the said orders. 3. This is challenged by the petitioners in this writ petition. It is pointed out that the approvals have been restricted by relying on Ext.P5 order. Ext.P5 order is dated 10.6.2008. 4. Learned counsel for the petitioner submitted that in the light of the decision of the Division Bench of this Court, produced as Ext.P6, the orders of approval as passed now cannot be sustained. Therein, this Court has held that Ext.P5 Government Order cannot be enforced without amendment of the statutory rules. W.P ( C) No.33479 of 2009 2 5. It is therefore clear that the orders of approval granted cannot be justified. The principles laid down in Ext.P6, applies herein. 6. Learned Government Pleader, on instructions, submitted that the Manager has already filed separate appeals before the 3rd respondent in the matter which are pending. Therefore, the 3rd respondent will take a decision on the appeals in the light of the direction issued in Ext.P6 judgment within a period of six weeks from the date of receipt of a copy of this judgment keeping in mind the principles stated by the Division Bench in Ext.P6. Writ petition is disposed of as above. T.R RAMACHANDRAN NAIR, JUDGE ma W.P ( C) No.33479 of 2009 3 W.P ( C) No.33479 of 2009 4