IN THE HIGH COURT OF KERALA AT ERNAKULAM
N.NAGARESH, J
FOUSIYA T. – Appellant
Versus
DIRECTOR OF GENERAL EDUCATION – Respondent
WP(C) NO. 45036 OF 2025
| Table of Content |
|---|
| 1. daily wage appointments challenged and their legal basis scrutinized. (Para 1 , 2) |
| 2. rejection of approval deemed legally unsustainable. (Para 3 , 5) |
| 3. directive for reconsideration of the revision petition issued. (Para 6) |
JUDGMENT Dated this the 3rd day of February, 2026 The petitioner is working as High School Teacher (Hindi) on daily wage basis with effect from 01.06.2024. Her appointment was made in compliance with the binding directions issued by this Court and relevant Government Orders, which mandate that all appointments to regular vacancies after 08.11.2021 must be on a daily wage basis until reservation norms under the Rights of Persons with Disabilities (RPWD) Act, 2016 are fully implemented.
2. However, the 3rd respondent, as per Ext.P1 order rejected the proposal for approval, citing that daily wage appointments cannot be made against regular vacancies. The appeal preferred by the Manager was rejected by Ext.P4.
3. The rejection of approval is legally unsustainable as it directly contravenes the Division Bench judgment dated 13.03.2023 in W.A. No.1445 of 2022 , which mandates daily wage appointments in such circumstances. The petitioner continues in service without interruption since 01.06.2024. However, she is being arbitrarily denied the approval and eligible benefits, contends the petitioner. 4. I have heard the learned counsel for the petitioner and the learned Government Pleader representing respondents 1 to 3.
5. The petitioner would urge that Ext.P4 order has been passed without duly considering the specific grounds and contentions raised by the Manager. The reasoning adopted by the 2nd respondent that approval cannot be granted solely because the appointment was made on a daily wage basis despite the vacancy being regular and permanent is erroneous and contrary to law.
6. I find that aggrieved by Ext.P4, the petitioner has now preferred Ext.P6 Revision Petition before the additional 5th respondent. In the facts of the case, it would be only just and appropriate that the additional 5th respondent considers Ext.P6 Revision Petition and takes appropriate decision in accordance with law.
The writ petition is accordingly disposed of directing the additional 5th respondent to consider Ext.P6 Revision Petition and pass appropriate orders thereon within a period of three months after giving opportunity of hearing to the petitioner.
Sd/-
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