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Mariamma Mathew vs The State Of Kerala
2024 Latest Caselaw 29983 Ker

Citation : 2024 Latest Caselaw 29983 Ker
Judgement Date : 22 October, 2024

Kerala High Court

Mariamma Mathew vs The State Of Kerala on 22 October, 2024

                                               2024:KER:78596
          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

         THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.

  TUESDAY, THE 22ND DAY OF OCTOBER 2024 / 30TH ASWINA, 1946

                   WP(C) NO. 37049 OF 2024

PETITIONER/S:

         MARIAMMA MATHEW
         AGED 42 YEARS
         DAUGHTER OF K A MATHAI, FULL TIME MENIAL, BETHANY
         ASHRAM HIGH SCHOOL, P.O. CHERUKULANJI, RANNI,
         PATHANAMTHITTA DISTRICT (RESIDING AT
         KARIMPANAMANNIL, P.O. CHERUKULANJI, RANNI,
         PATHANAMTHITTA DISTRICT-689673), PIN - 689673


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


RESPONDENT/S:

    1    THE STATE OF KERALA
         REPRESENTED BY ITS PRINCIPAL SECRETARY TO
         GOVERNMENT, GENERAL EDUCATION DEPARTMENT,
         SECRETARIAT, 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, CIVIL
         STATION, PATHANAMTHITTA, PIN - 689645
 W.P.C No. 37049 of 2024



                                  2
                                                    2024:KER:78596

     5       THE MANAGER
             BETHANY ASHRAM HIGH SCHOOL, P.O. CHERUKULANJI,
             RANNI, PATHANAMTHITTA DISTRICT, PIN - 689673
             BY ADV.SUNIL V.K


      THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION     ON   22.10.2024,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.C No. 37049 of 2024



                                3
                                                  2024:KER:78596

                          JUDGMENT

The petitioner, who was appointed as Full Time Menial in

the school managed by the 5th respondent has approached this

Court being aggrieved by the denial of the approval of her

appointment. The reason for denying the approval was that, as

on the date of the appointment, the petitioner crossed the age

limit prescribed as per the statute. Being aggrieved by the

orders passed by the educational authorities and seeking

relaxation in the maximum age, the petitioner submitted

Ext.P10 revision petition which is now pending consideration

before the 1st respondent. The limited prayer sought by the

petitioner is to direct the 1st respondent to take a decision on

Ext.P10 within a time frame.

After hearing the learned counsel for the petitioner and the

learned Government Pleader, I am inclined to dispose of this

writ petition. Accordingly, It is ordered that the 1 st respondent

shall take up Ext.P10 revision petition and appropriate orders

thereon shall be passed in accordance with law, after hearing

2024:KER:78596

the petitioner, the 6th respondent Manager and the affected

parties, if any. A decision in this regard shall be taken, by the

1st respondent, as expeditiously as possible, by following the

timeline and the priorities contemplated in G.O.

(Ms)No.54/2024/GEDN dated 01.06.2024.

Sd/-

ZIYAD RAHMAN A.A. JUDGE rpk

2024:KER:78596

APPENDIX OF WP(C) 37049/2024

PETITIONER EXHIBITS

Exhibit P-1 TRUE COPY OF THE APPOINTMENT ORDER DATED 06.06.2019

Exhibit P-2 TRUE COPY OF THE ORDER NO.

B4/12675/19/K.DIS DATED 04.02.2020 OF THE DEO, PATHANAMTHITTA

Exhibit P-3 TRUE COPY OF THE APPEAL APPLICATION (ID NO. 81776) FILED THROUGH SAMNWAYA

Exhibit P-4 TRUE COPY OF THE ORDER NO.

B4/212175/2020 DATED 14.09.2020 OF THE 3RD RESPONDENT

Exhibit P-5 TRUE COPY OF THE REVISION PETITION (LETTER NO. 5/20-21 ALONG REVISION APPEAL APPLICATION), FILED THROUGH SMANWAYA

Exhibit P-6 TRUE COPY OF THE ORDER NO.

ET3/232084/2020 DATED 14.04.2024 OF THE ADDITIONAL DIRECTOR (GENERAL) ATTACHED TO THE OFFICE OF THE 2ND RESPONDENT

Exhibit P-7 TRUE COPY OF THE ORDER NO.

B4/769227/2024 DATED 10.10.2024 OF THE 4TH RESPONDENT

Exhibit P-8 TRUE COPY OF THE APPEAL PETITION DATED 01.10.2024 BEFORE THE 3RD RESPONDENT

Exhibit P-9 TRUE COPY OF THE RELEVANT PAGE OF THE SSLC BOOK OF THE PETITIONER

2024:KER:78596

Exhibit P-10 TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 1ST RESPONDENT DATED 14.10.2024

Exhibit P-11 TRUE COPY OF THE ORDER NO.

B4/50170/2023 DATED 12.09.2023 OF THE 4TH RESPONDENT

Exhibit P-12 TRUE COPY OF THE RPWD ROSTER DATA COLLECTION REPORT

Exhibit P-13 TRUE COPY OF THE G.O. (RT.) NO.

5339/2022/G.EDN DATED 12.09.2022

Exhibit P-14 TRUE COPY OF THE G.O. (RT.) 4420/2022/ G.EDN DATED 30.07.2022

Exhibit P-15 TRUE COPY OF THE G.O (RT.) NO.

4903/2005/G.EDN DATED 18.10.2005 ALONG WITH TYPED COPY

Exhibit P-16 TRUE COPY OF THE G.O (MS.) NO.

10/2013/G.EDN DATED 10.01.2013

 
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