IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 6224 of 2009(W)
1. K.T. MATHEW, AGD 63 YEARS,S/O. THOMAS,
... Petitioner
2. RIYA P.I.,
3. RAJILAN K.R.,
Vs
1. THE STATE OF KERALA, REPRESENTED
... Respondent
2. THE DIRECTOR OF PUBLIC INSTRUCTION
3. THE DEPUTY DIRECTOR OF EDUCATION,
4. THE DISTRICT EDUCATION OFFICER,
For Petitioner :SRI.V.A.MUHAMMED
For Respondent : No Appearance
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :25/06/2009
O R D E R
T.R. RAMACHANDRAN NAIR, J.
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W.P.(C) No.6224 OF 2009
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Dated this the 25th day of June, 2009.
J U D G M E N T
The 1st petitioner is the Manager of T.M. Vocational Higher
Secondary School, Perumpilavu in Thrissur District. He had
appointed the 2nd and 3rd petitioners as Upper Primary School
Assistant and Drawing Teacher from 03.06.2008 and 14.07.2008
onwards. These appointments were made on regular basis. The
District Educational Officer approved the appointment of the
petitioners only on daily wage basis upto the end of the academic
year, by placing reliance on Exhibits P1 and P5 Government
Orders. Exhibits P7 and P8 are copies of the orders of
appointment. The appeals filed by the Manager before the
Deputy Director of Education are produced as Exhibits P9 and
P10.
2. The validity of Exhibit P5 Government Order, G.O.(P)
No.104/2008/G.Edn dated 10.06.2008, was under challenge in
various writ petitions before this Court and a Division Bench of
W.P.(C) No.6224/2009 2
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.
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 P7 and P8 to the extent to
which approval is given only on daily wage basis are quashed.
W.P.(C) No.6224/2009 3
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 Bench referred to
above before the District Educational Officer for compliance.
This writ petition is disposed of as above.
T.R. RAMACHANDRAN NAIR
JUDGE
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