IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 9558 of 2009(L)
1. ABHILASH.V.S., U.P.S.A.,
... Petitioner
Vs
1. THE STATE OF KERALA,
... Respondent
2. THE DISTRICT EDUCATIONAL OFFICER,
3. THE ASSISTANT EDUCATIONAL OFFICER,
4. THE MANAGER, AUPS KUNHOME,
For Petitioner :SRI.P.C.SASIDHARAN
For Respondent : No Appearance
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :01/06/2009
O R D E R
T.R. RAMACHANDRAN NAIR, J.
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W.P.(C) No.9558 OF 2009
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Dated this the 1st day of June, 2009.
J U D G M E N T
The petitioner was appointed as U.P.S.A in a permanent
vacancy in A.U.P. School, Kunhome as per Exhibit P2 order. The
same has been rejected relying upon the Government Order
dated 10.06.2008. The Manager has filed Exhibit P4 before the
District Educational Officer seeking to reconsider the matter.
Exhibit P5 is a copy of G.O.(P) No.104/2008/G.Edn dated
10.06.2008 . It is under challenge in this writ petition on various
grounds.
2. A Division Bench of this Court, in W.P.(C) No.2563/2009
and connected cases (K.Unni Narayanan vs. State of Kerala
reported in (2009(2) KLT 604)) has considered the validity of the
very same Government Order. In paragraph 7 of the said
judgment it was held that the offending conditions in Exhibit P2
Government Order cannot stand with the statutory rules.
Therefore, for enforcing them, the relevant rules require
W.P.(C) No.9558/09 2
amendment. As long as the rules are not amended, Exhibit P2
cannot be pressed into service by the Government.
3. Exhibit P2 therein is Exhibit P5 herein. In the light of the
above, the petitioner is entitled to succeed. The Division Bench
disposed of similar matters by the earlier judgment as per the
directions in paragraph 12 which are reproduced below:
“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”.
In the light of the above, Exhibit P3 is quashed. There will
be a direction to the Assistant Educational Officer to consider the
grant of approval in the light of the findings rendered by the
Division Bench within a period of two months from the date of
W.P.(C) No.9558/09 3
receipt of a copy of this judgment. The petitioner will produce a
copy of this judgment along with copy of the judgment of the
Division Bench referred to above before the Assistant Educational
Officer for compliance.
This writ petition is disposed of as above.
T.R. RAMACHANDRAN NAIR
JUDGE
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