IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 9TH JULY 2009 / 18TH ASHADHA 1931 WP(C).No. 19069 of 2009(C) --------------------------------------- PETITIONER(S): ---------------------- SIVADAS M., L.P.S.A. BHOODAN COLONY ALPS, POTHUKALLU, NILAMBOOR, MALAPPURAM DISTRICT. BY ADV. MR.P.J.MATHEW MR.K.B.ARUNKUMAR RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA REPRESENTED BY THE SECRRETARY TO GOVERNMENT,GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE ASSISTANT EDUCATIONAL OFFICER, NILAMBUR, MALAPPURAM DISTRICT. 3. MANAGER,BHOODAN COLONY A.L.P. SCHOOL BHOODAN COLONY P.O. , POTHUKALLU, NILAMBUR, MALAPPURAM DISTRICT. R1 & R2 BY GOVERNMENT PLEADER SMT.T.B. REMANI. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/07/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. P.N.RAVINDRAN, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C) No. 19069 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 9th day of July, 2009 JUDGMENT Heard Sri. P.J.Mathew, the learned counsel appearing for the petitioner and Smt.T.B.Remani, the learned Government Pleader appearing for respondents 1 and 2. In the nature of the order that I propose to pass, it is not necessary to issue notice to or hear the third respondent. 2. The petitioner was appointed as Lower Primary School Assistant in Bhoodan Colony A.L.P.S. as per Ext.P1 order dated 1-7-2008 in a vacancy that arose when the incumbent, Sri.Sivaprasad was transferred to another educational agency with the approval of the the District Educational Officer, as evidenced by Ext.P2. The Assistant Educational Officer, Nilambur, however, approved the petitioner's appointment only on daily wage basis, subject to the condition that such approval will not confer on him any right for preferential appointment under Rule 51A of the Kerala Education Rules. The order thus passed by the Assistant Educational Officer approving the petitioner's appointment is under challenge in this writ petition. 3. The pleadings disclose that approval of the petitioner's appointment on daily wage basis was made relying on Ext.P3 Government order dated 10-6-2008. It is not in dispute that the petitioner was appointed W.P.(C) No. 19069/09 2 against a regular vacancy when the incumbent was transferred out with the permission of the the District Educational Officer. Since the appointment was made against a regular vacancy the duration of which was more than one academic year, I am of the opinion that the petitioner was entitled to have his appointment approved on a regular basis. A similar view has been taken by a Division Bench of this Court in Unni Narayanan, K. and others V. State of Kerala and others (ILR 2009(2) Ker. 487) wherein it was 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 vacancies, the duration of which is less than one academic year, they are liable to be approved. The issue raised in this writ petition is in my opinion squarely covered in favour of the petitioner by the decision of this Court in Unni Narayanan, K. and others V. State of Kerala and others (Supra). In the result, this writ petition is allowed, the order of approval granted by the Assistant Educational Officer to the petitioner's appointment as per Ext.P1 is quashed and the Assistant Educational Officer is directed to pass fresh orders approving the petitioner's appointment on a regular basis. This shall be done within one month from the date on which the petitioner produces a certified copy of this judgment before the Assistant Educational Officer with notice to the third respondent Manager. The respondents W.P.(C) No. 19069/09 3 shall, after the petitioner's appointment is approved, take expeditious steps to draw and disburse arrears of salary and allowances at applicable rate. P.N.RAVINDRAN, JUDGE. mn.