Annamma Oommen vs State Of Kerala
2024 Latest Caselaw 32872 Ker

Kerala High Court

Annamma Oommen vs State Of Kerala on 13 November, 2024

Author: A. Muhamed Mustaque

Bench: A.Muhamed Mustaque

                                                      2024:KER:84691
W.A. No.1726 of 2024
                                   1

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

        THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

                                   &

          THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR

WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA,

                               1946

                        WA NO. 1726 OF 2024

        AGAINST   THE   JUDGMENT       DATED   03.10.2024   IN   WP(C)

NO.34367 OF 2024 OF HIGH COURT OF KERALA

APPELLANT/PETITIONER:

           ANNAMMA OOMMEN, AGED 50 YEARS, WIFE OF VARGHEESE
           K V, FULL TIME MENIAL, ST. THOMAS HIGH SCHOOL,
           NIRANAM WEST KIZHAKKUMBHAGOM P O, THIRUVALLA,
           PATHANAMTHITTA DISTRICT (RESIDING AT
           MALIPPURATH, KIZHAKKUMBHAGOM P O, THIRUVALLA,
           PATHANAMTHITTA DISTRICT-689 621)


           BY ADVS.
           V.A.MUHAMMED
           V.RAJASEKHARAN NAIR




RESPONDENTS/RESPONDENTS:

    1      STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL
           SECRETARY TO GOVERNMENT, GENERAL EDUCATION
           DEPARTMENT, SECRETARIAT ANNEXE II,
           THIRUVANANTHAPURAM, PIN - 695 001

    2      THE DIRECTOR OF GENERAL EDUCATION, OFFICE OF THE
           DIRECTOR OF GENERAL EDUCATION, JAGATHY,
           THIRUVANANTHAPURAM, PIN - 695 014
                                                        2024:KER:84691
W.A. No.1726 of 2024
                                    2



    3      THE DEPUTY DIRECTOR OF EDUCATION,OFFICE OF THE
           DEPUTY DIRECTOR OF EDUCATION, PATHANAMTHITTA,
           THIRUVALLA, PIN - 689 101

    4      THE DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE
           DISTRICT EDUCATIONAL OFFICER, THIRUVALLA,
           PATHANAMTHITTA DISTRICT, PIN - 689 101

    5      THE MANAGER (THOMAS KURIAN), ST. THOMAS HIGH
           SCHOOL, NIRANAM WEST KIZHAKKUMBHAGOM P O,
           THIRUVALLA, PATHANAMTHITTA DISTRICT-689 621
           (RESIDING AT PULLIPPADAVIL PUTTEPURACKAL,
           ANJILITHANAM P O, THIRUVALLA), PIN - 689 621

           NISHA BOSE     SR   GP


        THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
13.11.2024,    THE     COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
                                                  2024:KER:84691
W.A. No.1726 of 2024
                                3




                       JUDGMENT

A. Muhamed Mustaque, J.

The petitioner was appointed as a Full time Menial by

the fifth respondent from 06.12.2013 onwards on daily wages.

However, the educational authority refused to grant approval

for the reason that at the time of appointment, the petitioner

had crossed the age of 38 years, the upper age limit prescribed

for such appointment. The petitioner had exhausted all

remedies.

2. The petitioner had a request to consider him

on daily wages. The Government rejected the request stating

that the appointment of the petitioner on daily wage basis

cannot be approved as there is no order permitting such

appointments.

3. The petitioner pointed out Ext.P20 -

Government Order dated 30.05.2024 which is produced in W.P.

(C) No.34367 of 2024. In the above Government Order, it is

seen that the upper age limit for appointment of a person on a

daily wage basis is fixed at 56 years.

4. In the light of Ext.P20 - Government Order, 2024:KER:84691

we passed the following order on 30.10.2024.

"Learned Government Pleader is directed to get instructions in the light of Ext.P20 as to whether the appellant can be permitted to be engaged on daily wages."

5. In response to the above Government Order,

the learned Government Pleader submits that those who are

appointed prior to 30.05.2024 also can be considered for

approval on daily wages.

6. In the light of the above, we set aside the

impugned order and direct the Government to reconsider the

matter for approval of appointment of the petitioner on daily

wages. Needful shall be done within a period of six weeks.

This Writ Appeal is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE JUDGE

Sd/-

P. KRISHNA KUMAR JUDGE PR