IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 15TH DECEMBER 2009 / 24TH AGRAHAYANA 1931 WP(C).No. 20124 of 2009(I) -------------------------- PETITIONER(S): --------------- JIKSY JOSE CHOONDAL, W/O.E.FRANCY JOSE, UPPER PRIMARY SCHOOL ASSISTANT, ST.FRANCIS HIGH SCHOOL FOR GIRLS, MATTOM, THRISSUR- 680 602. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.BRIJESH MOHAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE DISTRICT EDUCATIONAL OFFICER, CHAVAKKAD, THRISSUR DIST. 3. THE MANAGER, ST.FRANCIS READING ASSOCIATION, CORPORATE EDUCATIONAL AGENCY, MATTOM, THRISSUR - 680 602. ADV. SRI.DEEPU THANKAN FOR R3 SMT. T.B. REMANI, SR. GOVERNMENT PLEADER FOR R1-2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX Petitioners Exhibits: Ext.P1: True copy of the order of appointment dated 13.6.2007 issued by the 3rd respondent Ext.P2: True copy of the proceedings dated 2.6.2008 of the 3rd respondent. Ext.P3: True copy of the appointment order dated 3.6.2008 Ext.P4: True copy of the order dated 19.5.2008 of the Governent Ext.P5: True copy of the order dated 13.8.2008 of the 1st respondent Ext.P6: True copy of the order dated 28.6.2008 of the 2nd respondent Ext.P7: True copy of the revision petition filed by the 3rd respondent before the Government Ext.P8: True copy of the judgment dated 29.8.2008 in WP(C) No.26036 of 2008 Ext.P9: True copy of the order dated 22.6.2009 of the 1st respondent. /True copy/ P.A. To Judge T.R. RAMACHANDRAN NAIR, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (C) No. 20124 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of December, 2009 J U D G M E N T The main prayers in this writ petition are as follows: a. Issue a writ of certiorari or any other appropriate writ order or direction, calling for the records leading to Exts.P6 and P9 and quash the same b. Writ of mandamus or any appropriate writ order or direction, directing respondents 1 and 2 to approve appointment of the petitioner as UPSA under the 3rd respondent with effect from 3.6.2008 pursuant to Exts.P2 and P3 forthwith and grant her all consequential benefits including arrears of salary without any delay. 2. By Ext.P11, appointment of the petitioner has been approved as UPSA with effect from 3.6.2008 to 31.3.2009 on daily wages basis and from 1.6.2009 onwards on scale of pay. The learned counsel for the petitioner submitted that the restriction that is mentioned in Ext.P11 with regard to the period from 3.6.2008 to 31.3.2009 by granting approval on daily wage basis cannot be supported in the light of the decision of a Division Bench of this Court in UNNINARAYANAN VS. STATE OF KERALA 2009(2) KLT 604. 2. Obviously in Ext.P11 order G.O.(P) 104/08 dated 10.6.2008 is referred to which was the subject matter of WPC.20124 of 2009 : 2 : challenge before the Division Bench in the above case. This Court held that a Government Order cannot override the specific statutory provisions. Ext.P11, to the extent to which it is directed, that the approval from 3.6.2008 to 31.3.2009 on daily wage basis by relying upon the Government Order dated 10.6.2008 cannot survive and therefore the same is quashed. 3. Learned Government Pleader submits that a special leave petition is pending against the decision of the Division Bench. 4. There will be a direction to the District Educational Officer(second respondent) to pass fresh orders regarding the grant of approval from 3.6.2008 to 31.3.2009 and appropriate orders shall be passed within one month from the date of receipt of a copy of this judgment. The fresh order will be passed in the light of the direction issued in UNNINARAYANAN VS. STATE OF KERALA 2009(2) KLT 604. The same will be subject to the outcome of the Special Leave petition pending before the Supreme Court. The contention of the petitioner regarding Ext.P1 appointment is left open. No costs. (T.R. RAMACHANDRAN NAIR, JUDGE) jma