Kerala High Court
Annamma Oommen vs The State Of Kerala on 3 October, 2024
2024:KER:73296
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
THURSDAY, THE 3RD DAY OF OCTOBER 2024 / 11TH ASWINA, 1946
WP(C) NO. 34367 OF 2024
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-689621), PIN - 689621
BY ADVS.
V.A.MUHAMMED
V.RAJASEKHARAN NAIR
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DIRECTOR OF GENERAL EDUCATION
OFFICE OF THE DIRECTOR OF GENERAL EDUCATION, JAGATHY,
THIRUVANANTHAPURAM, PIN - 695014
3 THE DEPUTY DIRECTOR OF EDUCATION
OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
PATHANAMTHITTA @ THIRUVALLA, PIN - 689101
4 THE DISTRICT EDUCATIONAL OFFICER
OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, THIRUVALLA,
PATHANAMTHITTA DISTRICT, PIN - 689101
WP(C) NO. 34367 OF 2024 2
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5 THE MANAGER (THOMAS KURIAN)
ST. THOMAS HIGH SCHOOL, NIRANAM WEST KIZHAKKUMBHAGOM
P O, THIRUVALLA, PATHANAMTHITTA DISTRICT-689621
(RESIDING AT PULLIPPADAVIL PUTTEPURACKAL, ANJILITHANAM
P O, THIRUVALLA), PIN - 689621
OTHER PRESENT:
ADV MARY BEENA JOSEPH-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 34367 OF 2024 3
2024:KER:73296
Dated this the 03rd day of October, 2024
JUDGMENT
The petitioner was appointed as Full Time Menial by the 5 th
respondent, from 06.12.2013 onwards on daily wages. However,
the appointment of the petitioner was not approved by the
Educational Authorities on the reason that the petitioner was aged
38 years and 6 months on the date of appointment and therefore
was beyond the age limit prescribed as per the relevant rules. The
petitioner, challenged the same before the statutory authorities
which was turned down, and ultimately the same was challenged
before this Court by filing WP(C) No.5874/2021 which was
dismissed as per Ext.P16 judgment, by following the principles laid
down in W.P.(C) No.14349/2019. Even though the said judgment
was challenged by the petitioner before a Division Bench of this
Court, as per Ext.P17, the findings of the learned single judge were
upheld. However, the petitioner was permitted to make a
representation before the Government within two weeks from the
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date of pronouncement of the judgment and the Government was
directed to consider the same within three months. Accordingly, the
petitioner submitted Ext.P8 representation, which was rejected as
per Ext.P19.
2. This writ petition is submitted by the petitioner in such
circumstances. After hearing the learned counsel for the petitioner,
the learned Government Pleader, I do not find any scope to
entertain this writ petition. This is particularly because, all the
contentions with regard to the right of the petitioner to get the age
limit relaxed, have been considered by this Court and rejected as
per Ext.P16. The same was upheld in Ext.P17 and the only relief
granted to the petitioner in Ext.P17 judgment by the Division Bench
of this Court was that, a permission to submit a representation
before the Government so as to enable the Government to exercise
the discretion in the matter. The Government has considered the
same as per Ext.P19, and the same is rejected. Since, all the
contentions with regard to the merits of denial of approval has been
already considered by this court in the earlier writ petition, the
challenge raised by the petitioner in this writ petition would amount
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to re-agitation of the issues already decided by this Court, which is
not permissible.
In such circumstances, I do not find any scope to entertain
this writ petition, and accordingly, it is dismissed.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
mus
2024:KER:73296
APPENDIX OF WP(C) 34367/2024
PETITIONER EXHIBITS
EXHIBIT P-1 TRUE COY OF THE APPOINTMENT ORDER DATED
01.12.2007 ALONG WITH TYPED COPY
EXHIBIT P-2 TRUE COPY OF THE ORDER OF APPOINTMENT DATED
06.12.2013 OF THE 5TH RESPONDENT ALONG WITH
TYPED COPY
EXHIBIT P-3 TRUE COPY OF THE LETTER NO. B4/9239/2013/K.
DIS DATED 04/07/2014OF THE 4TH RESPONDENT
EXHIBIT P-4 TRUE COPY OF THE ORDER NO. B3/8875/2014 DATED
16/12/2014 OF THE 3RD RESPONDENT ALONG WITH
TYPED COPY
EXHIBIT P-5 TRUE COPY OF THE LETTER NO. N2/91/2016/G.EDN
DATED 18/11/2016 BY THE 1ST RESPONDENT
EXHIBIT P-6 TRUE COPY OF THE REPRESENTATION SUBMITTED
BEFORE THE HON'BLE CHIEF MINISTER DATED
16/01/2017
EXHIBIT P-7 TRUE COPY OF THE FIRST PAGE OF THE SSLC BOOK
OF THE PETITIONER
EXHIBIT P-8 TRUE COPY OF THE RELEVANT PAGE OF THE LAST
GRADE SERVICE RULES
EXHIBIT P-9 TRUE COPY OF RELEVANT PAGE OF PUBLIC SERVICES
(RAISING OF UPPER AGE LIMIT FOR APPOINTMENT
RULES, 1978
EXHIBIT P-10 TRUE COPY OF THE G O (MS.) NO.
203/2013/G.EDN. DATED 02/97/2013
EXHIBIT P-11 TRUE COPY OF THE JUDGMENT IN W.P. (C) NO.
30430/2016 DATED 13/02/2017 OF THIS HON'BLE
COURT
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EXHIBIT P-12 TRUE COPY OF THE REPRESENTATION FILED BY THE
PETITIONER BEFORE THE 1ST RESPONDENT DATED
07/07/2017
EXHIBIT P-13 TRUE COPY OF THE JUDGMENT IN W P (C) NO.
23243/2017 OF THIS HON'BLE COURT DATED
15/12/2020
EXHIBIT P-14 TRUE COPY OF THE G O (RT.) NO.
1829/2021/G.EDN. DATED 22/02/2021
EXHIBIT P-15 TRUE COPY OF THE G.O. (MS.) NO. 28/12/P&ARD
DATED 20/06/2012
EXHIBIT P-16 TRUE COPY OF THE JUDGMENT IN W.P. (C) NO.
5874/2021 DATED 14.02.2024
EXHIBIT P-17 TRUE COPY OF THE JUDGMENT IN W.A. NO.
335/2024 DATED 05.03.2024
EXHIBIT P-18 TRUE COPY OF THE REPRESENTATION DATED
15.03.2024
EXHIBIT P-19 TRUE COPY OF THE G O (RT.) NO.
4329/2024/G.EDN DATED 10.07.2024
EXHIBIT P-20 TRUE COPY OF THE G.O. (RT.) NO.
3405/2024/G.EDN DATED 30.05.2024
EXHIBIT P-21 TRUE COPY OF THE G.O. (RT.) NO.
1262/2022/G.EDN DATED 03.03.2022
EXHIBIT P-22 TRUE COPY OF THE LETTER NO. DGE/12247/
2022/C2 DATED 12.09.2022
EXHIBIT P-23 TRUE COPY OF THE G.O. (RT.) NO.
5339/2022/G.EDN DATED 12.09.2022
