IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 15524 of 2009(I)
1. O.J.JINCY, H.S.A.(ENGLISH),
... Petitioner
Vs
1. THE STATE OF KERALA REPRESENTED BY
... Respondent
2. SECRETARY TO GOVERNMENT, GENERAL
3. DISTRICT EDUCATIONAL OFFICER,
4. DEPUTY DIRECTOR OF EDUCATION,
5. THE CORPORATE MANAGER, CORPORATE
For Petitioner :SRI.JIJO PAUL
For Respondent : No Appearance
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :05/06/2009
O R D E R
T.R. RAMACHANDRAN NAIR, J.
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W.P.(C). No.15524/2009-I
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Dated this the 5th day of June, 2009
J U D G M E N T
The petitioner is a High School Assistant (English) in St.Thomas
High School, Mayanoor. She was appointed on 17/06/2008, in a regular
vacancy. It appears that the approval of the appointment was not granted in
the light of the Government Order (P).No.104/08/G.Edn., dated 10/06/2008.
Even though an appeal was filed by the Manager, the fifth respondent, that
was also rejected by Ext.P1. The said Government Order is produced as
Ext.P2 which is under challenge in this writ petition.
2. This court in a batch of cases, reported in Unni Narayanan v.
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-terminous 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:
W.P.(C). No.15524/2009
-:2:-
“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.”
3. In the light of the legal position, Ext.P1 is quashed. There will
be a direction to the third respondent to consider the application for grant of
approval of appointment in the light of the directions issued by the Division
Bench within a period of two months from the date of receipt of a copy of
this judgment. The petitioner will produce a copy of the judgment along
with a copy of the Division Bench judgment before the third respondent for
compliance.
The writ petition is disposed of as above. No costs.
(T.R. Ramachandran Nair, Judge.)
ms