P T SINDHU Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner was appointed as High School Assistant (English) in Aravukad High School, Punnapra as per Exhibit P1 order of appointment dated 13.6.2006. THE appointment was from 13.6.2006 onwards. THE petitioner was appointed in the promotion vacancy of Seethalakshmi, who was promoted as Headmistress. THE District Educational Officer approved the appointment of the petitioner as H.S.A. (English) from 13.6.2006 to 31.3.2007 on daily wages on the strength of "G.O.(Rt) No.207/2009/G.Edn. dated 14.1.2009". As rightly submitted by the learned Government Pleader, probably, the Government Order intended to be stated by the District Educational Officer was G.O.(P) No.104/2008/G.Edn. dated 10.6.2008, which provided that the appointment for periods less than one academic year shall be approved only on daily wage basis. THE learned Government Pleader submitted that G.O.(Rt.) No.207/2009/G.Edn. dated 14.1.2009 was issued with reference to the management dispute.

(2.) IN Unninarayanan vs. State of Kerala (2009(2) KLT 604), it was held that the said Government Order (G.O.(P) No.104/2008/G.Edn. dated 10.6.2008) cannot override Rule 7A of Chapter XIV A of Kerala Education Rules.

(3.) THE learned Government Pleader submitted that the State has filed an appeal before the Supreme Court challenging the judgment in Unninarayanan's case. It is made clear that the direction to approve the appointment of the petitioner as above shall be subject to the result of the Special Leave Petition filed against the judgment in Unninarayanan's case and on further condition that the petitioner shall file an undertaking before the District Educational Officer undertaking to disgorge the benefit received by her, in case the decision of the Supreme Court goes against the decision in Unninarayanan vs. State of Kerala (2009(2) KLT 604). THE Writ Petition is allowed as above.