Kerala High Court

Arathy Raj vs The State Of Kerala on 3 March, 2025

Author: N.Nagaresh

Bench: N.Nagaresh

                                           2025:KER:17540




        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                        PRESENT

          THE HONOURABLE MR.JUSTICE N.NAGARESH

 MONDAY, THE 3RD DAY OF MARCH 2025 / 12TH PHALGUNA, 1946

                WP(C) NO. 34033 OF 2024

PETITIONER:

         AKASH RAJ,
         S/O. JAYARAJAN V.P.,
         CHOOTTARATHALA HOUSE, PIRAYIL, PEYAD PO,
         THIRUVANANTHAPURAM (FULL TIME MENIAL,
         DEVASWOM BOARD HIGH SCHOOL, ERUMELY)
         PIN - 695573


         BY ADVS.
         S.SUBHASH CHAND
         SRUTHI S. SEKHAR




RESPONDENTS:

    1    THE STATE OF KERALA
         REPRESENTED BY THE SECRETARY TO GOVERNMENT,
         DEPARTMENT OF GENERAL EDUCATION,
         GOVERNMENT SECRETARIAT,
         THIRUVANANTHAPURAM, PIN - 695001

    2    THE DIRECTOR OF GENERAL EDUCATION
         (FORMERLY THE DIRECTOR OF PUBLIC INSTRUCTIONS),
         OFFICE OF THE DIRECTOR OF GENERAL EDUCATION,
         JAGATHY, THIRUVANANTHAPURAM, PIN - 695014

    3    THE DISTRICT EDUCATIONAL OFFICER
         OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
         PONKUNNAM, KANJIRAPPALLY, PIN - 686506
                                               2025:KER:17540
WP(C) Nos.34033/2024 & 4905/2025
                           2



    4    THE CORPORATE MANAGER/SECRETARY,
         TRAVANCORE DEVASWOM BOARD SCHOOLS,
         TRAVANCORE DEVASWOM BOARD,
         DEVASWOM BUILDINGS, NANTHANCODE,
         THIRUVANANTHAPURAM, PIN - 695033

    5    THE DISTRICT EDUCATIONAL OFFICER
         OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
         MAVELIKKARA, PIN - 690101

         BY ADV
         SRI. G.BIJU
         SRI. R.S LAKSHMAN.
         SMT. ANIMA M., GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.03.2025, ALONG WITH WP(C).4905/2025, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                             2025:KER:17540
WP(C) Nos.34033/2024 & 4905/2025
                           3



        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                         PRESENT

          THE HONOURABLE MR.JUSTICE N.NAGARESH

 MONDAY, THE 3RD DAY OF MARCH 2025 / 12TH PHALGUNA, 1946

                 WP(C) NO. 4905 OF 2025

PETITIONER:

         ARATHY RAJ
         AGED 34 YEARS
         W/O AMITH R FULL TIME MENIAL,
         DEWASWOM BOARD HIGHER SECONDARY SCHOOL,
         CHERIYANAD, MAVELIKKARA, ALAPPUZHA
         (RESIDING AT DEVAKI SADANAM,
         NEAR GOVERNMENT HOSPITAL, SANTHIVILA,
         NEMOM, THIRUVANANTHAPURAM), PIN - 689511

         BY ADVS.
         V.A.MUHAMMED
         M.SAJJAD



RESPONDENTS:

    1    THE STATE OF KERALA
         REPRESENTED BY ITS PRINCIPAL SECRETARY TO
         GOVERNMENT, GENERAL EDUCATION DEPARTMENT,
         GOVERNMENT SECRETARIAT ANNEXE - II ,
         THIRUVANANTHAPURAM, PIN - 695001

    2    THE DIRECTOR OF GENERAL EDUCATION,
         JAGATHY, THIRUVANANTHAPURAM, PIN - 695014

    3    THE DISTRICT EDUCATIONAL OFFICER
         MAVELIKKARA, ALAPPUZHA DISTRICT,
         PIN - 690101
                                              2025:KER:17540
WP(C) Nos.34033/2024 & 4905/2025
                           4


    4    THE DISTRICT EDUCATIONAL OFFICER
         KANJRIAPPALLY, PONKUNNAM
         KOTTAYAM DISTRICT, PIN - 686505

    5    THE DISTRICT EDUCATIONAL OFFICER
         ATTINGAL, THIRUVANANTHAPURAM DISTRICT,
         PIN - 695101

    6    THE MANAGER,
         TRAVANCORE DEWASWOM BOARD SCHOOLS,
         TRAVANCORE DEWASWOM BOARD, NETHANCODE,
         THIRUVANANTHAPURAM, PIN - 695003

    7    SRI. AKASH RAJ
         FULL TIME MENIAL, DB HIGH SCHOOL,
         ERUMELY, KOTTAYAM DISTRICT, PIN - 686573


         BY ADV
         SRI. R.S.LAKSHMAN
         SMT. ANIMA M., GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 03.03.2025, ALONG WITH WP(C).34033/2024, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
                                                  2025:KER:17540
WP(C) Nos.34033/2024 & 4905/2025
                                 5


                            JUDGMENT

Dated this the 3rd day of March, 2025 [W.P.(C) Nos.34033/2024 & 4905/2025]

As both these writ petitions are interconnected, they

are heard together and being finally disposed of by a common

judgment. The parties to the writ petitions and exhibits

marked in the writ petitions are referred to as they are arrayed

/ marked in W.P.(C) No.34033/2024, for convenience.

2. The petitioner in W.P.(C) No.34033/2024

was appointed as Full Time Menial in the Devaswom Board

Higher Secondary School, Cheriyanadu as per Ext.P2. On

20.03.2023, the petitioner was suspended. There was a

criminal case relating to the incident. The petitioner was

acquitted of charges as per Ext.P4 judgment dated

15.12.2023.

3. The petitioner submits that in the meanwhile,

the Manager had initiated domestic enquiry proceedings 2025:KER:17540 WP(C) Nos.34033/2024 & 4905/2025

which resulted in Ext.P5 Enquiry Report dated 03.05.2024.

Based on Ext.P5, the Manager closed the disciplinary

proceedings against the petitioner as per Ext.P6 order dated

04.07.2024. In the meanwhile, the petitioner in W.P.(C)

No.4905/2025 was appointed as Full Time Menial in the

vacancy arose consequent to the suspension of the petitioner.

4. Subsequently, the approval of appointment

of the petitioner was rejected as per Ext.P11 order dated

17.05.2024. The petitioner challenges Ext.P9 order whereby

the petitioner's appointment stands cancelled. The petitioner

seeks to direct respondents 1 to 5 to take adequate and

effective steps to disburse salary and allowances payable to

the petitioner in the post of Full Time Menial with effect from

04.07.2022.

5. W.P.(C) No.4905/2025 has been filed by the

petitioner therein, who was appointed in the suspension

vacancy resulted pursuant to Ext.P3 Suspension Order in

No.4905/2025 states that she was granted Ext.P3

appointment order in view of her inclusion in Ext.P1 rank list.

As the regular incumbent was suspended in connection with a

POCSO case, the petitioner was appointed against that

vacancy. Approval to Ext.P3 cannot in any event be declined

on the ground of non-appointment of differently abled hand by

the Management.

6. The petitioner would submit that as per the

details provided as per Exts.P9 to P11, the petitioner was

appointed as against the vacancy of a promotee. Therefore,

approval may be granted as per Government Order dated

28.02.2019 and Government Circular dated 08.03.2019. At

any rate, the appointment of the petitioner is liable to be

approved, contends the petitioner.

7. Counsel entered appearance on behalf of

the Manager and resisted the writ petition. The Manager

pointed out that a post of Full Time Menial cannot be kept

vacant in a School under any circumstances. When the 2025:KER:17540 WP(C) Nos.34033/2024 & 4905/2025

petitioner in W.P.(C) No.34033/2024 was suspended,

arrangements had to be made to fill up the vacancy. It is in

such circumstances that the petitioner in W.P.(C)

No.4905/2025 was appointed. The petitioner in W.P.(C)

No.34033/2024 was suspended from service on serious

allegations involving offences under the POCSO Act.

8. On behalf of the Manager, it is submitted that

though the petitioner in W.P.(C) No.34033/2024 was acquitted

of the charges by the Criminal Court, it is rather clear that the

acquittal was consequent upon an out of Court settlement.

The petitioner's probation was not declared. The petitioner's

appointment was not approved. It is in such circumstances

that the appointment of the petitioner was cancelled as per

Ext.P9 order dated 17.06.2024. The action of the Manager

therefore cannot be impugned. The Manager has acted in the

larger interest of the pupils in the School and also in the public

interest.

2025:KER:17540 WP(C) Nos.34033/2024 & 4905/2025

9. I have heard the learned counsel for the

petitioners, the learned counsel appearing for the Manager

and the learned Government Pleader.

10. It is evident that the petitioner in W.P.(C)

No.34033/2024 was regularly appointed as a Full Time Menial

as per Ext.P2 order dated 04.07.2022. The petitioner was

suspended from service on 20.03.2023 on certain allegations.

The allegations levelled against the petitioner was subject

matter of a criminal case. The petitioner was acquitted by a

Criminal Court on 15.12.2023 as per Ext.P4. It was in the

meanwhile, the petitioner in W.P.(C) No.4905/2025 was

appointed as Full Time Menial. The action of the Manger in

appointing a Full Time Menial in the suspension vacancy

cannot be questioned. However, the Manager has proceeded

to cancel the appointment of the petitioner as per Ext.P9 order

dated 17.06.2024. It is to be noted that the petitioner in

W.P.(C) No.34033/2024 was proceeded against by way of

domestic enquiry proceedings. The Enquiry Report was also 2025:KER:17540 WP(C) Nos.34033/2024 & 4905/2025

in favorable of the petitioner.

11. When the Criminal Courts acquitted the

petitioner and when the domestic enquiry proceedings

resulted in a finding that there is no evidence to prove the

misconduct of the petitioner, it was highly illegal and arbitrary

for the Manager to cancel the appointment of the petitioner as

per Ext.P9 order dated 17.06.2024.

12. In the circumstances, Ext.P9 order of the

Manager in W.P.(C) No.34033/2024 is set aside. The writ

petition is disposed of directing the Manager to consider

regularisation of the period of suspension of the petitioner.

The petitioner will be entitled to consequential benefits on

approval being granted to the petitioner's appointment with

effect from 04.07.2022.

13. As far as the petitioner in W.P.(C)

No.4905/2025 is concerned, the said petitioner would contend

that there is an available vacancy against which the petitioner 2025:KER:17540 WP(C) Nos.34033/2024 & 4905/2025

can be accommodated as the petitioner has worked against a

regular suspension vacancy from 25.10.2023 till 04.06.2024.

The said appointment is liable to be approved, if the petitioner

satisfies all other parameters.

W.P.(C) No.4905/2025 is therefore disposed of

directing the 1st respondent-State of Kerala to consider

Ext.P13 appeal submitted by the petitioner. A decision in this

regard shall be taken within a period of three months, after

hearing the affected parties.

Sd/-

N.NAGARESH JUDGE spk 2025:KER:17540 WP(C) Nos.34033/2024 & 4905/2025

APPENDIX OF WP(C) 34033/2024

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE RANK LIST BEARING ROC NO. 96/2021/EDN. DATED 23/9/2021

Exhibit P2 A TRUE COPY OF THE APPOINTMENT ORDER BEARING ROC NO. 96/21/EDN. DATED

Exhibit P3 4. A TRUE COPY OF THEORDER OF SUSPENSION BEARING ROC NO.

                  2917/21/EDN.    DATED    20/3/2023   OF


Exhibit P4        A TRUE COPY OF THE JUDGMENT DATED

15/12/2023 THUS PASSED BY THE COURT OF THE FAST TRACK SPECIAL JUDGE, CHENGANNUR (SESSIONS DIVISION, ALAPPUZHA) IN S.C. NO. 587/2023

Exhibit P5 A TRUE COPY OF THE DOMESTIC ENQUIRY REPORT BEARING ROC NO. 2917/21/EDN. DATED 3/5/2024 OF THE DOMESTIC ENQUIRY OFFICER, TRAVANCORE DEVASWOM BOARD

Exhibit P6 A TRUE COPY OF THE ORDER BEARING ROC NO. 18/24/EDN. DATED 4/7/2024 THUS

Exhibit P7 A TRUE COPY OF THE RULING OF THIS HON'BLE COURT IN BIPIN PAVITHRAN V. AND ANOTHER VS. STATE OF KERALA & OTHERS [2021 (2) KHC 515]

Exhibit P8 A TRUE COPY OF THE SAID JUDGMENT OF THIS HON'BLE COURT DATED 10/11/2021 IN W.A. NO. 1358 OF 2021 AND CONNECTED CASE 2025:KER:17540 WP(C) Nos.34033/2024 & 4905/2025

Exhibit P9 A TRUE COPY OF THE ORDER BEARING ROC NO. 2917/21/EDN. NANTHANCODE DATED 17/6/2024 THUS ISSUED BY RESPONDENT

Exhibit P10 A TRUE COPY OF THE RULING OF THIS HON'BLE COURT IN BEEBA K. NATH VS.

STATE OF KERALA & OTHERS (2015(4) KHC

153)

Exhibit P11 A TRUE COPY OF THE ORDER BEARING NO.

B6/56460/2023 DATED 17/5/2024 THUS

Exhibit P12 A TRUE COPY OF THE SAID ORDER BEARING ROC NO. 18/24/EDN. DATED 17/6/2024 OF

RESPONDENT EXHIBITS

Exhibit-R4(a) TRUE COPY OF THE ORDER VIDE ROC.9B/23/EDN DATED 19.10.2023 ISSUED BY MANAGER (SECRETARY), TRAVANCORE DEVASWOM BOARD SCHOOLS, NANTHENCODE, THIRUVANANTHAPURAM

Exhibit-R4(b) TRUE COPY OF THE ORDER NO.B6/56460/2023 DATED 17.05.2024 ISSUED BY THE 5TH RESPONDENT

Exhibit-R4(c) TRUE COPY OF THE PROCEEDINGS NO.

ROC.2917/21/EDN DATED 17.06.2024 OF THE MANAGER, TRAVANCORE DEVASWOM BOARD SCHOOLS 2025:KER:17540 WP(C) Nos.34033/2024 & 4905/2025

APPENDIX OF WP(C) 4905/2025

PETITIONER EXHIBITS

Exhibit P-1 TRUE COPY OF THE RANKED LIST NO.

9B/23/EDN DATED 11.10.2023

Exhibit P-2 TRUE COPY OF THE PROCEEDINGS ROC NO.

9B/23/EDN DATED 19.10.2023

Exhibit P-3 TRUE COPY OF APPOINTMENT ORDER DATED 25.10.2023 IN FORM 27

Exhibit P-4 TRUE COPY OF THE ORDER NO.

B3/8354/0000/DDE DATED 12.03.2024

Exhibit P-5 TRUE COPY OF THE ORDER NO.

B6/56460/2023 DATED 17.05.2024

Exhibit P-6 TRUE COPY OF THE REVOCATION ORDER NO.

ROC NO. 2917/21/EDN DATED 17.06.2024

Exhibit P-7 TRUE COPY OF THE ORDER ISSUED BY THE DIRECTOR ALLOWING THE APPEAL OVER EXHIBIT P-5 VIDE ORDER NO.

EC1/746413/2024 DATED 30.08.2024

Exhibit P-8 TRUE COPY OF THE LETTER NO.

B6/56460/2024 DATED 26.09.2024

Exhibit P-9 TRUE COPY OF THE LETTER ROC NO.

9B/23/EDN DATED 30.09.2024

Exhibit P-10 TRUE COPY OF THE MEDICAL CERTIFICATE IN RESPECT OF THE APPOINTEE BELONGING TO DIFFERENTLY ABLED CATEGORY NO. 128/2020 DATED 14.02.2020

Exhibit P-11 TRUE COPY OF THE APPOINTMENT ORDER ISSUED IN RESPECT OF THE DIFFERENTLY ABLED HAND VIDE ROC NO. 96/21 EDN DATED 04.10.2021 2025:KER:17540 WP(C) Nos.34033/2024 & 4905/2025

Exhibit P-12 TRUE COPY OF THE ORDER NO.

B6/753933/2024 DATED 13.11.2024

Exhibit P-13 TRUE COPY THE APPEAL SUBMITTED BY THE 6TH RESPONDENT BEFORE THE 2ND RESPONDENT VIDE ROC NO. 9B/23/EDU DATED 07.12.2024

Exhibit P-14 TRUE COPY THE RELEVANT PAGE OF ATTENDANCE REGISTER IN JUNE 2024

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

3/2019/G.EDN. DATED 28.02.2019

Exhibit P-16 TRUE COPY OF THE CIRCULAR NO.

J2/57/2019/G.EDN. DATED 08.03.2019