Jiji Joseph vs The State Of Kerala
2025 Latest Caselaw 2670 Ker

Kerala High Court

Jiji Joseph vs The State Of Kerala on 21 January, 2025

Author: N.Nagaresh

Bench: N.Nagaresh

                                            2025:KER:4687

        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                        PRESENT

          THE HONOURABLE MR.JUSTICE N.NAGARESH

 TUESDAY, THE 21ST DAY OF JANUARY 2025 / 1ST MAGHA, 1946

                WP(C) NO. 44686 OF 2024

PETITIONER:

         JIJI JOSEPH
         AGED 47 YEARS
         WIFE OF PIPSON MATHEW LOWER PRIMARY SCHOOL
         ASSISTANT HOLY FAMILY HIGHER SECONDARY SCHOOL,
         MUTTOM, CHERTHALA P O,
         ALAPPUZHA DISTRICT, PIN - 688524


         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,
         CIVIL STATION,
         ALAPPUZHA DISTRICT, PIN - 688001
                                              2025:KER:4687
WP(C) NO.44686 of 2024

                             2


    4     THE DISTRICT EDUCATIONAL OFFICER
          OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
          CHERTHALA P O,
          ALAPPUZHA DISTRICT,
          PIN - 688524

    5     THE CORPORATE MANAGER
          ST. MARY'S FORANE CHURCH SCHOOLS MUTTOM,
          CHERTHALA P O,
          ALAPPUZHA DISTRICT,
          PIN - 688524


          SRI. V. VENUGOPAL,SR.GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP          FOR
ADMISSION ON 21.01.2025, THE COURT ON THE SAME          DAY
DELIVERED THE FOLLOWING:
                                                  2025:KER:4687
WP(C) NO.44686 of 2024

                                 3




                          JUDGMENT

Dated this the 21st day of January, 2025

The petitioner states that she was appointed in the

School as LPST from 01.06.2017 onwards against a regular

promotion vacancy arose on 02.05.2016 due to the promotion

Smt. Jessy Jacob. But approval to this appointment was

declined by the District Educational Officer, Cherthala for the

reason that the appointment of the Manager has not yet been

approved by the Director and all necessary documents have

not been produced.

2. The Manager has filed Revision Petition against the

order of the District Educational Officer before the Director of

General Education. The Director of General Education has

disposed of the Revision Petition and directed the District

Educational Officer, Cherthala to reconsider the approval of 2025:KER:4687 WP(C) NO.44686 of 2024

appointment of the petitioner as and when the Manager

resubmits the proposal rectifying defects.

3. When the proposals for approval of appointment

were resubmitted in tune with the order of the Director of

General Education, District Educational Officer has called for

the details regarding approval of appointments of

Smt. Jessy P. J, Smt. Minimol M and Smt. Agmy Treasa. The

District Educational Officer on 20.07.2023 has declined the

approval again for the reason that the appointments of

Smt. Minimol M and Smt. Agmi Treasa stood unapproved.

4. The Director of General Education as per order dated

08.05.2023 has granted approval to the appointment of Smt.

Minimol M as LPST from 01.06.2018 onwards since there is

no established vacancy from 29.06.2016 to 31.05.2018.

Accordingly, the Assistant Educational Officer, Cherthala has

approved the appointment of Smt. Minimol M as LPST from

01.06.2018 onwards. It is also submitted that the Assistant 2025:KER:4687 WP(C) NO.44686 of 2024

Educational Officer, Cherthala as per order dated 02.09.2024

has approved the appointment of Smt. Agmy Treasa as LPST

from 01.06.2018 onwards as ordered in G.O.(Rt.)

1875/2024/G.Edn dated 05.03.2024 since the vacancy from

28.09.2016 to 31.05.2018 is not established. Thus, the

objection raised in respect of approval of appointment of the

petitioner from 01.06.2018 stands rectified and the

appointment of the petitioner is liable to be approved as LPST

from 01.06.2018 onwards, contends the petitioner.

5. The Director of General Education in revision orders

in EC:1/713672/2024 dated 14.11.2024 has authorized the

District Educational Officer, Cherthala to grant approval of

appointment of the petitioner from 01.06.2018 onwards as the

senior claimants got approval from 01.06.2018 onwards,

though she has completed 40 years of age as on 01.01.2018

but she has not attained the age of 41. But the Director of

General Education as per letter dated 29.11.2024 has stayed 2025:KER:4687 WP(C) NO.44686 of 2024

further steps consequent to the order dated 14.11.20124. The

petitioner has reliably learnt that as on 01.01.2018 the first

day of the year in which the appointment is considered for

approval i.e., from 01.06.2018, the petitioner is over-aged and

hence the approval may be differed.

6. Aggrieved by this, the petitioner has filed Ext.P12

statutory Revision Petition before the 1 st respondent. As no

orders are passed on the Revision Petition, the petitioner is

before this Court filing the writ petition.

7. I have heard the learned counsel for the petitioner

and the learned Government Pleader representing

respondents 1 to 4.

8. The contention of the petitioner is that the approval

to the appointment of the petitioner as LPST was earlier

remitted as the approval was not granted to the seniors, in

whose post the petitioner was appointed. Now that the

approval is granted to her seniors, the respondents can very 2025:KER:4687 WP(C) NO.44686 of 2024

well approve the appointment of the petitioner, contends the

counsel for the petitioner.

9. From the pleadings, I find that the petitioner has

filed Ext.P12 Revision Petition before the 1 st respondent. In

the facts of the case, it would be only just and proper that the

statutory Revisional Authority considers Ext.P12 and takes a

decision thereon in accordance with law within a reasonable

time.

The writ petition is accordingly disposed of directing the

1st respondent to consider Ext.P12 Revision Petition and pass

appropriate orders thereon, within a period of four months.

Sd/-

N.NAGARESH JUDGE hmh 2025:KER:4687 WP(C) NO.44686 of 2024

APPENDIX OF WP(C) 44686/2024

PETITIONER'S EXHIBITS

Exhibit P-1 TRUE COPY OF THE APPOINTMENT ORDER DATED 01.06.2017

Exhibit P-2 TRUE COPY OF THE LETTER NO.

B4/3264/2017 DATED 05.08.2017 OF THE DEO, CHERTHALA DECLINING APPROVAL TO THE APPOINTMENT OF THE PETITIONER

Exhibit P-3 TRUE COPY OF THE ORDER NO.

EC1/10407/2020/DGE DATED 07.04.2021 OF THE 2ND RESPONDENT ALLOWING THE APPEAL

Exhibit P-4 TRUE COPY OF THE LETTER NO.

B4/22554/21 DATED 22.09.2022 DATED 22.09.2022

Exhibit P-5 TRUE COPY OF THE ORDER NO.

B4/22554/2021 DATED 20.07.2023 OF THE DEO, CHERTHALA (IN-CHARGE) DECLINING APPROVAL TO THE APPOINTMENT OF THE PETITIONER

Exhibit P-6 TRUE COPY OF THE ORDER NO.

F3/9332/2023/DGE DATED 08.05.2023 OF THE 2ND RESPONDENT GRANTING APPROVAL TO THE APPOINTMENT OF SMT. MINIMOL M AS LPST FROM 01.06.2018

Exhibit P-7 TRUE COPY OF THE ORDER NO.

C/43942/2023/ K.DIS DATED 25.07.2023 OF THE AEO, CHERTHALA GRANTING APPROVAL TO THE APPOINTMENT OF SMT. MINIMOL M AS LPST FROM 01.06.2018 ONWARDS

Exhibit P-8 TRUE COPY OF THE ORDER NO.

C/734500/2024/K.DIS DATED 02.09.2024 2025:KER:4687 WP(C) NO.44686 of 2024

OF THE AEO, CHERTHALA GRANTING APPROVAL TO THE APPOINTMENT OF SMT. AGMY TREASA AS LPST FROM 01.06.2018 ONWARDS

Exhibit P-9 TRUE COPY OF THE ORDER NO.

EC1/713672/2024 DATED 14.11.2024 OF THE 2ND RESPONDENT GRANTING APPROVAL TO THE APPOINTMENT OF THE PETITIONER AS LPST FROM 01.06.2018 ONWARDS

Exhibit P-10 TRUE COPY OF THE LETTER NO.

EC1/23953/2024/DGE DATED 29.11.2024 OF THE 2ND RESPONDENT GRANTING APPROVAL TO THE APPOINTMENT OF THE PETITIONER AS LPST FROM 01.06.2018

Exhibit P-11 TRUE COPY OF THE MERCY PETITION SUBMITTED BEFORE THE MINISTER FOR EDUCATION AND LABOUR DATED 02.12.2024 REQUESTING TO GRANT EXEMPTION FROM UPPER AGE LIMIT INVOKING RULE 3 OF CHAPTER XIV-A OF KERS

Exhibit P-12 TRUE COPY OF THE REVISION PETITION DATED 07.12.2024

Exhibit P-13 TRUE COPY OF THE APPOINTMENT ORDER DATED 02.05.2016 GRANTING APPROVAL TO THE PROMOTION OF SMT. JESSY JOSEPH, LPST AS HM FROM 02.05.2016

Exhibit P-14 TRUE COPY OF THE G.O. (RT.) NO.

5339/2022/G.EDN DATED 12.09.2022 GRANTING EXEMPTION FROM UPPER AGE LIMIT

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

4420/2022/G.EDN DATED 30.07.2022 GRANTING EXEMPTION FROM UPPER AGE LIMIT 2025:KER:4687 WP(C) NO.44686 of 2024

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

4903/2005/G.EDN DATED 18.10.2005 GRANTING EXEMPTION FROM UPPER AGE LIMIT

Exhibit P-17 TRUE COPY OF THE G.O (MS.) NO.

10/2013/G.EDN DATED 10.01.2013 GRANTING EXEMPTION FROM UPPER AGE LIMIT

Exhibit P-18 TRUE COPY OF THE DECISION REPORTED IN 2012 (2) KHC 750 (STATE OF KERALA AND OTHERS V. MANIMOLE C AND ANOTHER DECIDED ON 04.04.2012