High Court Kerala High Court

Vinodan K.K. vs The State Of Kerala on 17 July, 2009

Kerala High Court
Vinodan K.K. vs The State Of Kerala on 17 July, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 20111 of 2009(H)


1. VINODAN K.K.,P.T.SANSKRIT TEACHER,
                      ...  Petitioner
2. RAJU K.,JUNIOR LANGUAGE TEACHER

                        Vs



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

2. ASSISTANT EDUCATIONAL OFFICER,

3. THE ASSISTANT EDUCATIONAL OFFICER,

4. THE CORPORATE MANAGER,

                For Petitioner  :SRI.P.J.MATHEW

                For Respondent  : No Appearance

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

 Dated :17/07/2009

 O R D E R
                 T.R. RAMACHANDRAN NAIR, J.
               ---------------------------------------
                  W.P.(C) No.20111 OF 2009
               ---------------------------------------
             Dated this the 17th day of July, 2009.


                         J U D G M E N T

The 1st petitioner was appointed as part time Sanskrit

Teacher in Holy Family U.P. School, Changaroth with effect from

09.07.2008. He was appointed in a regular/permanent vacancy

that arose due to the retirement of Sri.V.V.Gopinathan on

30.06.2008. Exhibit P1 is the copy of the order of appointment.

2. The 2nd petitioner was appointed as Junior Language

Teacher Sanskrit (P.T) with effect from 15.07.2008. He was

appointed in a regular/permanent vacancy that arose due to the

promotion of Smt.Lincy George and her transfer to St.George

H.S.S, Kulathuvayal. Exhibit P2 is the copy of the said

appointment order. 4th respondent is the Manager of these two

schools.

3. Exhibit P1 will show that the appointment of the

1st petitioner was approved only on daily wage basis. The order

is passed by the 2nd respondent. Exhibit P2 will show that the

W.P.(C) No.20111/2009 2

3rd respondent sanctioned only daily wages from 15.07.2008 to

31.03.2009 for the 2nd petitioner. The approval as such has been

granted in the light of Exhibit P3 Government Order, G.O.(P)

No.104/2008/G.Edn. dated 10.06.2008.

4. The validity of Exhibit P3 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

require amendment. As long as the rules are not amended,

Exhibit P2 cannot be pressed into service by the Government.

5. 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.20111/2009 3

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 P1 and P2 to the extent to

which approval is denied on regular basis are quashed. The

respondents 2 and 3 will pass fresh orders regarding grant of

approval to petitioners 1 and 2, in the light of the directions

issued by the Division Bench above. Appropriate orders shall be

passed within a period of two months from the date of receipt of

a copy of this judgment. The petitioners will produce a copy of

this judgment along with copy of the judgment of the Division

Bench referred to above before respondents 2 and 3 for

compliance.

This writ petition is disposed of as above.

T.R. RAMACHANDRAN NAIR
JUDGE
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