IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 31974 of 2009(N)
1. RANJIT A, FULLA TIME MENIAL,
... Petitioner
Vs
1. THE STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. THE DIRECTOR OF PUBLIC INSTRUCTION,
3. THE DISTRICT EDUCATIONAL
4. THE MANAGER, JAYA JYOTHI V.R.S,SCHOOL,
For Petitioner :SRI.M.V.BOSE
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :23/11/2009
O R D E R
T.R RAMACHANDRAN NAIR,J.
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W.P ( C) No.31974 of 2009
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Dated this the 23rd November,2009
J U D G M E N T
Petitioner herein is aggrieved by the delay in
granting approval of appointment of the petitioner as a
Full-time Menial in the school in question. Petitioner was
appointed as Full Time Menial on 5.2.2009 in the
vacancy of Sri.Mony T.S, who was promoted as Peon with
effect from 5.2.2009. Ext.P1 is the copy of the said
appointment order.
2. It is the case of the petitioner that the
Manager had already appointed a part-time H.S.A
(Malayalam) protected teacher in the school going by
Ext.P3 order. The same has been approved as per Ext.P4.
Petitioner submitted Ext. P6 application before the Pubic
Information Officer to get various details. Ext.P7 reply
was given by the Public Information Officer of the D.P.I,
wherein, it is stated that in Kottarakara Educational
District there is no protected Full Time Menial available
for re-deployment.
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3. In the statement filed on behalf of the 3rd
respondent, it is averred in paragraph 3 that there is no
protected Full time Menial in the Educational District or
in the Revenue District. But there are several protected
non teaching staff including Full Time Menial available in
the other Revenue Districts.
4. Going by the express provision in Rule 6 (viii)
Chapter V, K.E.R the obligation of the Manager is only in
terms of the said provision. Therefore, the appointment of
a protected teacher from any other Revenue District
cannot be imposed on against the Manager. The said
legal position has been declared by this Court in the
judgment in W.P (C) No.4623 of 2009.,
5. Therefore, in the light of the fact that there is
no protected Full time Menial available in the Educational
District or in the Revenue District, the approval of the
appointment cannot be declined on that ground.
6. There will be a direction to the 3rd respondent
to pass orders on the approval of appointment in the light
of the above finding within a period of one month from the
date of receipt of a copy of this judgment. Petitioner will
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be entitled to monetary benefits in terms of the order of
approval.
Writ petition is disposed of as above.
T.R RAMACHANDRAN NAIR,
JUDGE
ma
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