Kerala High Court
Annamma Oommen vs The State Of Kerala on 11 August, 2025
2025:KER:60240
WPC.No.29741/25 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
MONDAY, THE 11TH DAY OF AUGUST 2025 / 20TH SRAVANA, 1947
WP(C) NO.29741 OF 2025
PETITIONER:
ANNAMMA OOMMEN,
AGED 51 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.
SHRI.V.A.MUHAMMED
SRI.V.RAJASEKHARAN NAIR
RESPONDENTS:
1 THE STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO GOVERNMENT GENERAL
EDUCATION DEPARTMENT, SECRETARIAT
THIRUVANANTHAPURAM, PIN - 695 001.
2 THE DIRECTOR OF GENERAL EDUCATION,
OFFICE OF THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM, PIN - 695 014.
3 THE DEPUTY DIRECTOR OF EDUCATION,
PATHANAMTHITTA @ THIRUVALLA, PATHANAMTHITTA
DISTRICT, PIN - 689 101.
4 THE DISTRICT EDUCATIONAL OFFICER,
THIRUVALLA, PATHANAMTHITTA DISTRICT,
PIN - 689 101.
2025:KER:60240
WPC.No.29741/25 2
5 THE MANAAGER (THOMAS KURIAN),
PULLIPPADAVIL PUTHEPURACKAL, ANJILITHANAM P.O,
THIRUVALLA) ST. THOMAS HIGH SCHOOL, NIRANAM WEST
KIZHAKKUMBHAGOM.P.O, THIRUVALLA, PATHANAMTHITTA
DISTRICT, PIN - 689 621.
SHRI.VENUGOPAL.V, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 11.08.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WPC.No.29741/25 3
JUDGMENT
The petitioner is aggrieved by Ext.P20 order passed by
the Government in the matter of approval of the petitioner as
Full Time Menial on daily wage basis from 06.12.2013 onwards.
Reason for rejection of the same is that, as on the date of
appointment, she was aged 38 years and six months and
therefore, was beyond the maximum age limit prescribed for the
same. It was pointed out by the learned counsel for the
petitioner that, Ext.P20 Government Order was passed based on
the direction issued by the Division Bench of this Court in
Ext.P18, wherein, a specific direction was issued to the
Government to consider the representation of the petitioner,
taking note of Ext.P16 Government Order dated 30.05.2024. It
was pointed out that in Ext.P16 Government Order, as per
Clause 6, it was specifically mentioned that, for the purpose of
granting appointment on daily wages, it is permissible to give
appointments to the persons who are within the age of
superannuation. Grievance of the petitioner is that, despite the
fact that a Division Bench of this Court specifically directed the
1st respondent to consider the representation of the petitioner
taking note of the aforesaid Government Order, in Ext.P20 was
2025:KER:60240
passed without properly considering the same.
2. On the other hand, the learned Government
Pleader pointed out that the first reference in Ext.P20 is that of
Ext.P16 Government Order and therefore, no interference is
requred.
3. After carefully going through the records, I find
that even though Ext.P16 Government Order is referred to
Ext.P20, the request of the petitioner was rejected on the reason
that the said Government Order does not cotemplate for
retrospective operation. The petitioner has already highlighted
the grievance in the form of review petition and he seeks for a
direction to consider the same.
After hearing the learned counsel for the petitioner and
the learned Government Pleader, I am inclined to dispose of this
writ petition considering the limited nature of relief.
Accordingly, it is ordered that the 1 st respondent to pass orders
on Ext.P21 and appropriate orders thereon shall be passed
within a period of two months from the date of receipt of a copy
of this judgment.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
DG/12.8.25
2025:KER:60240
APPENDIX OF WP(C) 29741/2025
PETITIONER EXHIBITS
Exhibit P-1 TRUE COPY OF THE APPOINTMENT ORDER DATED
01.12.2001 ALONG WITH APPROVAL RECORDED
THEREON
Exhibit P-2 TRUE COPY OF THE ORDER OF APPOINTMENT OF
THE 5TH RESPONDENT DATED 06/12/2013
Exhibit P-3 TRUE COPY OF THE ORDER NO.
B4/9239/2013/K. DIS DATED 04/07/2014 OF
THE DEO, THIRUVALLA
Exhibit P-4 TRUE COPY OF THE ORDER OF THE 3RD
RESPONDENT IN APPEAL VIDE ORDER NO.
B3/8875/2014, DATED 16/12/2014 OF THE
DDE
Exhibit P-5 . TRUE COPY OF THE ORDER NO.
N/2/91/2016/GEN.EDN DATED 18/11/2016 BY
THE 1ST RESPONDENT
Exhibit P-6 TRUE COPY OF THE REPRESENTATION OF
HON'BLE CHIEF MINISTER DATED 16/01/2017
Exhibit P-7 TRUE COPY OF THE FIRST PAGE OF SSLC BOOK
Exhibit P-8 TRUE COPY OF THE REPRESENTATION FILED BY
THE PETITIONER BEFORE THE 1ST RESPONDENT
DATED 07/07/2017
Exhibit P-9 TRUE COPY OF THE JUDGMENT IN W P (C) NO.
23243/2017 OF THIS HON'BLE COURT DATED
15/12/2020
Exhibit P-10 TRUE COPY OF THE ORDER GO (RT) NO.
1829/2021/G.EDN .DATED 22/02/2021
Exhibit P-11 TRUE COPY OF THE G O (MS.) NO.
28/12/P&ARD DATED 20/06/2012
Exhibit P-12 TRUE COPY OF THE JUDGMENT DATED
14.02.2024 IN W.P. © NO. 5874/2021
Exhibit P-13 TRUE COPY OF THE JUDGMENT IN W.A. NO.
335/2024 DATED 05.03.2024
Exhibit P-14 TRUE COPY OF THE REPRESENTATION DATED
15.03.2024
Exhibit P-15 TRUE COPY OF THE GO(RT) 4329/2024/G.EDN
DATED 10.07.2024
Exhibit P-16 TRUE COPY OF THE G.O (RT)3405/2024/G.EDN
DATED 30.05.2024
Exhibit P-17 TRUE COPY OF THE JUDGMENT DATED
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Exhibit P-18 TRUE COPY OF THE JUDGMENT DATED
Exhibit P-19 TRUE COPY OF THE GOVERNMENT LETTER NO.
JR1/447/2024 DATED 07.11.2024
Exhibit P-20 TRUE COPY OF THE G.O (RT) 4516/2025/GEDN
DATED 08.07.2025
Exhibit P-21 TRUE COPY OF THE REVIEW PETITION DATED
15.07.2025
Exhibit P-22 TRUE COPY OF THE G.O(RT) 1262/2022/G.EDN
DATED 03.03.2022
