IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 33479 of 2009(D)
1. UNNIMAYA.T.U,
... Petitioner
2. SAUMYA.S, LPSA,
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. THE DIRECTOR OF PUBLIC INSTRUCTIONS,
3. THE DEPUTY DIRECTOR OF EDUCATION,
4. THE DISTRICT EDUCATIONAL OFFICER,
5. THE MANAGER,
For Petitioner :SRI.AUGUSTINE JOSEPH
For Respondent : No Appearance
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :30/11/2009
O R D E R
T.R RAMACHANDRAN NAIR,J.
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W.P ( C) No.33479 of 2009
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Dated this the 30th November,2009
J U D G M E N T
Petitioners herein are working as Lower Primary
School Assistants under the 5th respondent Manager. They
were appointed as per Exts.P1 and P2 orders in permanent
vacancies.
2. By Exts.P3 and P4, their appointments have
been approved only on daily wage basis for the periods
shown in the said orders.
3. This is challenged by the petitioners in this writ
petition. It is pointed out that the approvals have been
restricted by relying on Ext.P5 order. Ext.P5 order is
dated 10.6.2008.
4. Learned counsel for the petitioner submitted
that in the light of the decision of the Division Bench of
this Court, produced as Ext.P6, the orders of approval as
passed now cannot be sustained. Therein, this Court has
held that Ext.P5 Government Order cannot be enforced
without amendment of the statutory rules.
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5. It is therefore clear that the orders of approval
granted cannot be justified. The principles laid down in
Ext.P6, applies herein.
6. Learned Government Pleader, on instructions,
submitted that the Manager has already filed separate
appeals before the 3rd respondent in the matter which are
pending. Therefore, the 3rd respondent will take a decision
on the appeals in the light of the direction issued in
Ext.P6 judgment within a period of six weeks from the date
of receipt of a copy of this judgment keeping in mind the
principles stated by the Division Bench in Ext.P6.
Writ petition is disposed of as above.
T.R RAMACHANDRAN NAIR,
JUDGE
ma
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