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Manu.N. vs State Of Kerala Represented By The on 8 June, 2009

Kerala High Court
Manu.N. vs State Of Kerala Represented By The on 8 June, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 11696 of 2009(F)


1. MANU.N., UPSA, SKV SANSKRIT UPS
                      ...  Petitioner

                        Vs



1. STATE OF KERALA REPRESENTED BY THE
                       ...       Respondent

2. DIRECTOR OF PUBLIC INSTRUCTIONS,

3. DEPUTY DIRECTOR OF EDUCATION,

4. DISTRICT EDUCATIONAL OFFICER,

5. ASSISTANT EDUCATIONAL OFFICER,

6. HEADMASTER, SKV SANSKRIT UP SCHOOL,

7. MANAGER,SKV SANSKRIT UP SCHOOL,

                For Petitioner  :SRI.K.SASIKUMAR

                For Respondent  :SRI.S.KANNAN

The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

 Dated :08/06/2009

 O R D E R
                     T.R. Ramachandran Nair, J.
                  - - - - - - - - - - - - - - - - - - - - - - - -
                     W.P.(C) No.11696 of 2009-F
                  - - - - -- - - - - - - - - - - - - - - - - - - - -
                Dated this the 8th day of June, 2009.

                                JUDGMENT

The petitioner herein is aggrieved by the grant of approval of

appointment on daily wages basis, even though he was appointed as a

regular hand from 13.11.2007 onwards. Ext.P2 is the order of appointment.

That was rejected as per Ext.P3 relying upon G.O.(P) No.164/04/G.Edn.

dated 15.6.2004. The Manager filed an appeal as per Ext.P4 and the District

Educational Officer directed approval as U.P.S.A. from 13.11.2007 to

31.3.2008 on daily wages basis and from the reopening date on scale of pay

basis. This was challenged before the Director of Public Instruction as per

Ext.P6. Subsequently, the Manager issued an order of appointment in

accordance with the directions issued by the District Educational Officer, as

per Ext.P7. Ext.P7 shows that the petitioner’s appointment has been

approved on daily wages basis. Ext.P6 revision filed by the Manager was

also rejected by Ext.P8 which was challenged before the Government as per

Ext.P9. By Ext.P10, the same also stands dismissed. The said orders are

under challenge in this writ petition.

2. This court in a batch of cases, reported in Unni Narayanan v.

wpc 12696/2009 2

State of Kerala (2009 (2) KLT 604) held that without amending the

statutory rules, a Government Order cannot be pressed into service. It was

held that “if the vacancy is having a duration of one academic year or more,

appointment can be made to fill up the same. The term of appointment

need not be co-terminus with the term of the vacancy. If, in fact, the

vacancy is having a duration of one academic year or more, even if, there is

some delay in making the appointment, such appointment will have to be

approved.” Ultimately, in para 12, a direction was issued as follows:

“12. 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.”

Accordingly, Exts.P5, P8 and P10 are quashed to the extent the

appointment of the petitioner is approved on daily wages basis for the

wpc 12696/2009 3

period from 13.11.2007 onwards, are quashed. There will be a direction to

the Asst. Educational Officer to reconsider the approval of the petitioner

and pass appropriate orders in the light of the findings rendered by the

Division Bench in the above case, within a period of two months from the

date of receipt of a copy of this judgment.

The writ petition is allowed as above. No costs.

(T.R. Ramachandran Nair, Judge.)

kav/

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