IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 22309 of 2009(G)
1. SHREEPA K.K.,S/O.SREEDHARAN,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. THE DIRECTOR OF PUBLIC INSTRUCTION,
3. THE DISTRICT EDUCATIONAL OFFICER,
4. MANAGER,
For Petitioner :SRI.JIJI THOMAS
For Respondent : No Appearance
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :06/08/2009
O R D E R
T.R. RAMACHANDRAN NAIR, J.
---------------------------------------
W.P.(C) No.22309 OF 2009
---------------------------------------
Dated this the 6th day of August, 2009.
J U D G M E N T
The petitioner was appointed as H.S.A (English) in the
vacancy of Sri.Babu C.Abraham who has relieved from the school
to join Government service from 08.06.2006. Exhibit P2 is the
copy of the said appointment order. The District Educational
Officer approved the appointment of the petitioner only on daily
wage basis from 16.11.2006 to 31.03.2007 and from 01.06.2007
on scale of pay in the light of Exhibit P1, G.O.(P)No.
104/2008/G.Edn. dated 10.06.2008, and similar Government
Orders which have been produced by the petitioner in this writ
petition as Exhibits P3 and P4.
2. Exhibit P5 is the judgment of a Division Bench of this
Court in W.P.(C)No.36446/2008 and connected cases (Unni
Narayanan vs. State of Kerala reported in 2009(2)KLT 604)
wherein the validity of Exhibit P1 Government Order was under
challenge. The Division Bench has held in paragraph 7 of the
W.P.(C) No.22309/2009 2
said judgment 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”.
There will be a direction to the District Educational Officer to
consider the matter afresh as regards the approval of
appointment of the petitioner for the period from 16.11.2006 to
W.P.(C) No.22309/2009 3
31.03.2007 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 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