Ragesh G.R. vs State of Kerala and The Deputy Educational Officer

T.R. Ramachandran Nair, J.—The Petitioner who is working as UPSA in the Sanskrit High School, Vattoli in Kozhikode District seeks for a direction to the Respondents to approve his appointment for the period from 09.07.2007 to 31.03.2008 on regular basis. Presently, the appointment has been approved on daily wage basis as evident from Ext.P4 communication issued by the Government to the Director of Public Instruction.

Obviously, the approval was made on daily wage basis on the basis of the Government Order namely, G.O.(P) No. 104/2008/G. Edn dated 10.06.2008 (Ext.P5). It is pointed out that in the light of the decision of the Division Bench in K. Unni Narayanan, Manager and Others Vs. State of Kerala and Others, the approval will have to be granted on regular basis.

Along with I.A. No. 5913/2011, the Petitioner has produced Ext.P7 Government Order namely, G.O.(P) No. 56/11/G. Edn dated 26.02.2011. Therein, the Government has modified the stipulations in G.O.(P) No. 169/04/G. Edn. dated 15.06.2004 and G.O.(P) No. 104/2008/G. Edn. dated 10.06.2008. Therefore, in the light of the above Government Order, the issue regarding approval of appointment will be reconsidered by the Government.

Therefore, Ext.P4 to the extent to which approval is granted on daily wage basis for the period from 09.07.2007 to 31.03.2008 is quashed. The remaining part of the order to approve the later period on regular basis will remain. Appropriate final orders will be passed by the Government within a period of three months from the date of receipt of a copy of this judgment. The Petitioner will forward a representation along with a copy of the Government Order relied upon by him and with a copy of this judgment for compliance.

This writ petition is disposed of as above.