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2009 Supreme(Online)(KER) 30770
HIGH COURT OF KERALA
T.R.RAMACHANDRAN NAIR, J
MOOSAKUTTY PUTHUVALAPPAN – Appellant
Versus
THE D.E.O., WANDOOR, MALAPPURAM – Respondent
WP(C)/23999/2009
DR.GEORGE ABRAHAM
Appointments in educational institutions must adhere to statutory rules and cannot be limited by government orders without appropriate amendments.
Headnote:
Employment - Appointment - G.O.(P).No.104/08/G.Edn. - The court set aside the limitation on daily wage approval for the petitioner, reinforcing that appointments must be considered based on established statutory rules rather than government orders.
Fact of the Case:
The petitioner, appointed as U.P.S.A in an Aided High School, challenged the approval of her appointment which was limited to daily wage basis for a specified period, against the provisions of a previous court ruling.
Finding of the Court:
The court ruled that the limitation on the petitioner’s approval was unsustainable and that proper procedure, as outlined in prior judgments, should be followed regarding appointments.
Issues: Whether the approval of the petitioner's appointment for daily wages was valid given the existing statutory framework and previous court rulings.
Ratio Decidendi: The court emphasized that appointments must be made following established statutory rules and not merely based on government orders, especially when such orders conflict with prior judicial interpretations.
Final Decision: The limitation on approval for daily wage basis was set aside, instructing fresh evaluations by educational authorities.
J U D G M E N T
The petitioner was appointed by the Manager as an U.P.S.A in an Aided High School, Parel Mampattumoola on 20/11/2006 in a regular vacancy which arose due to the promotion of one Smt.K.Sreekala as H.S.A. Ext.P1 is the copy of the order. Presently, the petitioner is aggrieved by the stipulation in the order of granting approval, Ext.P4. For the period from 20/11/2006 to 31/05/2007, approval is granted only on daily wage basis as per G.O.(P).No.104/08/G.Edn., dated 10/06/2008.
2. The learned counsel for the petitioner submits that in the light of the decision of the Division Bench of this Court inUnni Narayanan v. State of Kerala ( 2009 (2) KLT 604 ), the said stipulation cannot be sustained.
3. In the above judgment it was held that without amending the statutory rules, a Government Order cannot be pressed into service. It was held that “if the vacancy is having a duration of one academic year or more, appointment can be made to fill up the same. The term of appointment need not be co-terminous with the term of the vacancy. If, in fact, the vacancy is having a duration of one academic year or more, even if, there is some delay in making the appointment, such appointment will have to be approved.” Ultimately, in para 12, a direction was issued as follows:
“12. 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.”
4. In the light of the above, Ext.P4 as far as it limits the approval for the period from 20/11/2006 to 31/05/2007 on daily wages basis, is set aside. The District Educational Officer will pass fresh orders in the light of the findings rendered by the Division Bench in the above decision, 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 a copy of the Division Bench judgment referred to above, before the authority concerned for compliance.
The writ petition is disposed of as above. No costs.
(T.R. Ramachandran Nair, Judge.)
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