Rajasree.K.P vs State Of Kerala
2021 Latest Caselaw 16013 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
        MONDAY, THE 2ND DAY OF AUGUST 2021 / 11TH SRAVANA, 1943
                        WP(C) NO. 15412 OF 2021
PETITIONERS:

    1       RAJASREE.K.P
            AGED 31 YEARS
            FULL TIME MENIAL, AKN MMAM HIGHER SECONDARY SCHOOL,
            KATTUKULAM, KATTUKULAM SOUTH P.O. THIRUVAZHIYODE,
            PALAKKAD DISTRICT.

    2       THE MANAGER,
            AKN MMAM HIGHER SECONDARY SCHOOL, KATTUKULAM,
            KATTUKULAM SOUTH P.O. THIRUVAZHIYODE,
            PALAKKAD DISTRICT.

            BY ADVS.
            GEORGE ABRAHAM
            JOBY D JOSEPH


RESPONDENTS:

    1       STATE OF KERALA
            REPRESENTED BY SECRETARY TO GOVERNMENT,
            GENERAL EDUCATION DEPARTMENT,
            THIRUVANANTHAPURAM 695 001

    2       DIRECTOR OF GENERAL EDUCATION,
            JAGATHY, THIRUVANANTHAPURAM 695 014.

    3       DEPUTY DIRECTOR OF EDUCATION,
            PALAKKAD 678 001.

    4       DISTRICT EDUCATIONAL OFFICER,
            MANNARKKAD, PALAKKAD 678 582.

            SMT. PARVATHY KOTTOL, G.P.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15412 OF 2021

                                          2




                                  JUDGMENT

This writ petition is filed seeking the following prayers:

"(i) to issue a writ of certiorari, or any other appropriate writ, order or direction, to quash Exhibit P-2 order issued by the District Educational Officer.

(ii) To declare that the first petitioner is well within the age limit for getting appointment to the post of Full Time Menial at the second petitioner's school.

(iii) to issue a writ of mandamus; or any other appropriate writ, order or direction, directing the 1st respondent to consider Exhibit P-4 revision filed by the petitioners.

2. Heard the learned counsel for the petitioners and the learned

Government Pleader.

3. It is submitted by the learned counsel for the petitioner that the 1 st

petitioner is appointed as Full Time Menial in the 2 nd petitioner's school.

The appointment was duly approved by Ext.P1. It is submitted that

thereafter, an audit team found that the 1 st petitioner had completed 37

years as on 01.01.2019 and hence, she is over-aged for appointment as

Full Time Menial. On the above ground, it is submitted that show-cause

notices were issued to the petitioner for cancellation of approval. The

petitioners have approached the Government with Ext.P4 revision WP(C) NO. 15412 OF 2021

petition and seeks a consideration thereof.

4. Having heard the learned Government Pleader also, there will be a

direction to the 1st respondent to take up, consider and pass orders on

Ext.P4 revision petition preferred by the petitioners, with notice to the

petitioners and after hearing them, through any appropriate means,

including video conferencing, within a period of three months from the

date of receipt of a copy of this judgment. The cancellation of approval of

appointment of the 1st petitioner shall be kept in abeyance till orders are

passed as directed above.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 15412 OF 2021

APPENDIX OF WP(C) 15412/2021

PETITIONER'S/S EXHIBITS:

Exhibit P1 TRUE COPY OF THE ORDER DATED 9/12/2019 GRANTING APPROVAL OF APPOINTMENT TO THE PETITIONER.

Exhibit P2 TRUE COPY OF THE COMMUNICATION ISSUED BY THE DEO DATED 25/6/2021.

Exhibit P3 TRUE COPY OF THE FIRST PAGE OF THE S.S.L.C.

BOOK.

Exhibit P4 TRUE COPY OF THE REVISION SUBMITTED BY THE PETITIONER DATED 26.7.2021.

RESPONDENT'S/S EXHIBITS: NIL