IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 16014 of 2009(V)
1. HABNA JOSE,W/O.DR.P.ARUN RAPHEAL
... Petitioner
2. PRABHA K.THOMAS, W/O.BOBAN P.J,
3. MARIA TREEBA, PANIKULAM HOUSE
Vs
1. THE STATE OF KERALA REPRESENTED BY
... Respondent
2. SECRETARY TO GOVERNMENT
3. DISTRICT EDUCATIONAL OFFICER, THRISSUR.
4. THE CORPORATE MANAGER
For Petitioner :SRI.JIJO PAUL
For Respondent : No Appearance
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :22/06/2009
O R D E R
T.R. RAMACHANDRAN NAIR, J.
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W.P.(C) No.16014 OF 2009
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Dated this the 22nd day of June, 2009.
J U D G M E N T
The petitioners herein are working as H.S.A in Physical
Science and English respectively in St. Sebastian High School,
Mannamangalam, Thrissur District in regular vacancies. They are
aggrieved by the orders passed by the District Educational Officer
rejecting the grant of approval relying upon G.O.(P)
No.104/2008/G.Edn dated 10.06.2008, which is produced as
Exhibit P1 herein. Exhibits P3, P5 and P7 are the orders rejecting
the grant of approval.
2. The validity of Exhibit P1 Government Order was under
challenge in various writ petitions before this Court and a Division
Bench of this Court in Unni Narayanan vs. State of Kerala
(2009(2) KLT 604) has held in paragraph 7 that the offending
conditions in Exhibit P2 Government Order cannot stand with the
statutory rules. Therefore, for enforcing them, the relevant rules
require amendment. As long as the rules are not amended,
Exhibit P2 cannot be pressed into service by the Government.
W.P.(C) No.16014/2009 2
3. Finally in paragraph 12, the following directions were
issued:
“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, Exhibits P3, P5 and P7 are
quashed. The District Educational Officer will pass fresh orders in
the light of the directions issued by the Division Bench above
which will govern this case also. Appropriate orders shall be
passed within a period of two months from the date of receipt of
a copy of this judgment. The petitioners will produce a copy of
this judgment along with copy of the judgment of the Division
W.P.(C) No.16014/2009 3
Bench referred to above before the District Educational Officer for
compliance.
This writ petition is disposed of as above.
T.R. RAMACHANDRAN NAIR
JUDGE
smp