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P.Sheeja vs The State Of Kerala on 16 June, 2009

Kerala High Court
P.Sheeja vs The State Of Kerala on 16 June, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 16490 of 2009(E)


1. P.SHEEJA, W/O.VENUGOPALAN,
                      ...  Petitioner

                        Vs



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

2. THE DIRECTOR OF PUBLIC INSTRUCTION

3. THE DEPUTY DIRECTOR OF EDUCATION,

4. THE ASSISTANT EDUCATIONAL OFFICER,

5. THE MANAGER, S.N.L.P.SCHOOL,

                For Petitioner  :SRI.V.A.MUHAMMED

                For Respondent  : No Appearance

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

 Dated :16/06/2009

 O R D E R
                 T.R. RAMACHANDRAN NAIR, J.
               ---------------------------------------
                   W.P.(C) No.16490 OF 2009
               ---------------------------------------
             Dated this the 16th day of June, 2009.


                         J U D G M E N T

The petitioner herein is aggrieved by the order of approval

of appointment on daily wage basis. He was appointed as a

Lower Primary School Assistant by the 5th respondent in a

permanent vacancy which occurred on 03.01.2005. That was

approved as per Exhibit P6. The same was objected by the

Deputy Director of Education stating that the appointment of

teachers can be approved only on daily wage basis as the

duration is less than one academic year. Exhibit P7 is the extract

of the audit objection which was forwarded by the Assistant

Educational Officer as per Exhibit P8 to the Headmaster, and the

salary was withheld till objections are cleared.

2. Even though an appeal was filed against the objection,

that was rejected by the Government as per Exhibit P9. In

Exhibit P9, the Government ordered to approve the appointment

of the petitioner with effect from 03.01.2005 to 31.03.2005 on

W.P.(C) No.16490/2009 2

daily wage basis and with effect from the next academic year on

regular basis.

3. The petitioner points out that the objections taken by

the authorities are based on the Government Orders namely,

Exhibits P1, P2 etc. Presently, the matter is covered by the

decision of a Division Bench of this Court in Unni Narayanan vs.

State of Kerala (2009(2) KLT 604), a copy of which is

produced as Exhibit P10 in the writ petition. The validity of

Exhibit P5 Government Order dated 10.06.2008 was considered

by the Division Bench in the said decision. It was held in

paragraph 7 thus:

“…..the Government may be able to issue executive

instructions, but they have no efficacy to override the

statutory provisions. We agree with the contentions

of the writ petitioners that the offending conditions in

Ext.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, Ext.P2 cannot be pressed

into service by the Government….”.

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

W.P.(C) No.16490/2009 3

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, the petitioner is entitled to

succeed in the writ petition. Exhibits P7, P8 and P9 are therefore

quashed. There will be a direction to the Assistant Educational

Officer to pass fresh orders in the matter 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.

This writ petition is disposed of as above.

T.R. RAMACHANDRAN NAIR
JUDGE

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