UNNI NARAYANAN Vs. STATE OF KERALA

JUDGEMENT

(1.) In these writ petitions, the petitioners challenge G.O.(P) No. 104/08/G.Edn. dated 10.6.2008, to the extent it directs that if the term of appointment of an incumbent does not extend to one academic year, even if the duration of the vacancy, in which, he/she is appointed, is one academic year or more, his/her appointment shall be approved only on daily wage basis. According to the writ petitioners, the above direction contained in the aforementioned Government Order runs counter to the statutory rules in the Kerala Education Rules (for short the K.E.R.).

(2.) This case is treated as the main case for referring to the exhibits. In the 4th respondent's Higher Secondary School, a vacancy in the cadre of High School Assistant (H.S.A.) (English) arose, as a result of grant of leave to one Shri. Shinoj T. Elias, H.S.A. (English) from 8.7.2008 to 7.7.2013. The writ petitioner, Ms. Sneha Cherian, was appointed in that vacancy on 6.10.2008 and the period of her appointment will expire only on 7.7.2013. The Manager forwarded the said appointment order for approval to the District Educational Officer (D.E.O.). But, the D.E.O. approved the said appointment from 6.10.2008 to 31.3.2009 only on daily wage basis. The D.E.O. further stated that the approval was made, relying on Ext.P2, G.O.(P) No. 104/2008/G.Edn dated 10.6.2008. The petitioner submits that the vacancy has a duration of five years and therefore, her appointment should have been approved without any time limit, and that too in the time scale of pay applicable to H.S.As. In support of that submission, reliance is placed on Rule 7A of Chapter XIV A of the K.E.R.

(3.) In the case of the petitioner, Clause 5(ii) has been made applicable. In the case of other writ petitioners, Clause 5(i) was made applicable. The petitioner submits that the above clauses cannot stand with Rule 7A of Chapter XIVA of the K.E.R. and therefore, are ultra vires and unenforceable. The petitioner also points out that Ext.P2 Government order mentions about the proposal to amend the Rules in accordance with the terms contained therein. It means, the Government themselves admit that the conditions in Ext.P2 cannot be implemented without amending the rule. So, the reliance placed by the D.E.O. on Ext.P2, before the rules are amended, is unsustainable, it is submitted.