IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 19492 of 2009(F)
1. SHAJIMON.P.,
... Petitioner
Vs
1. THE STATE OF KERALA REPRESENTED
... Respondent
2. THE DEPUTY DIRECTOR OF EDUCATION,
3. THE DISTRICT EDUCATIONAL OFFICER,
4. MANAGER, P.T.M.HIGH SCHOOL,
For Petitioner :SRI.P.J.MATHEW
For Respondent : No Appearance
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :13/07/2009
O R D E R
T.R. RAMACHANDRAN NAIR, J.
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W.P.(C) No.19492 OF 2009
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Dated this the 13th day of July, 2009.
J U D G M E N T
The petitioner is working as H.S.A. (Hindi) in the school
managed by the 4th respondent. Exhibit P1 is the copy of the
order of appointment. The vacancy arose due to sanction of
Leave Without Allowance for a period of five years from
01.08.2008 to 31.07.2013, to Sr.V.K. Saleem. The leave has
been sanctioned by the Government as per Exhibit P2. Exhibit P3
is the order by which the proposal for approval has been rejected
based on the Government Order dated 10.06.2008. The appeal
filed by the Manager was also rejected by the Deputy Director of
Education as per Exhibit P4. The petitioner challenges these
orders along with Exhibit P5 Government Order, G.O.(P)
No.104/2008/G.Edn dated 10.06.2008.
2. The validity of Exhibit P5 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
W.P.(C) No.19492/2009 2
(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 P3 and P4 are quashed.
The District Educational Officer will pass a fresh order in the light
of the directions issued by the Division Bench above which will
W.P.(C) No.19492/2009 3
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 petitioner 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
smp