IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 16035 of 2009(Y)
1. SHERLY C.L.,W/O.C.R.JAISON,
... Petitioner
Vs
1. THE STATE OF KERALA REPRESENTED BY
... Respondent
2. SECRETARY TO GOVERNMENT,
3. DISTRICT EDUCATIONAL OFFICER, CHAVAKKAD.
4. THE CORPORATE MANAGER, CORPORATE
5. DEPUTY DIRECTOR OF EDUCATION, THRISSUR.
For Petitioner :SRI.JIJO PAUL
For Respondent : No Appearance
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :22/06/2009
O R D E R
T.R. RAMACHANDRAN NAIR, J.
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W.P.(C) No.16035 OF 2009
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Dated this the 22nd day of June, 2009.
J U D G M E N T
The petitioner herein is a part time Urdu Teacher in
St.Joseph’s H.S., Enamakkal, Thrissur District. She was appointed
as such on 04.06.2008. Aggrieved by the orders passed by
respondents 3 and 5 granting approval of appointment only on
daily wage basis, this writ petition is filed. Exhibits P2 and P3 are
the respective orders which were passed relying upon Exhibit P1
Government Order, G.O.(P) No.104/2008/G.Edn dated
10.06.2008.
2. The validity of Exhibit P1 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
(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
W.P.(C) No.16035/2009 2
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 P2 and P3 in as much as
it approves the appointment of the petitioner on daily wages for
the period ending 31.03.2009 are quashed. 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
W.P.(C) No.16035/2009 3
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