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2025 Supreme(Online)(KER) 8682
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH THURSDAY, THE 13TH DAY OF MARCH 2025 / 22ND PHALGUNA, 1946 WP(C) NO. 7572 OF 2025 PETITIONER:
ELDHOSE T. THOMAS AGED 33 YEARS, S/O. T.V. THOMAS, THEKKUMKUDIYIL HOUSE, AYROORPADAM PO, UPPUKANDAM, ERNAKULAM DISTRICT [OFFICE ATTENDANT, AGCM UPPER PRIMARY SCHOOL, UPPUKANDAM], PIN – 686692.
BY ADVS.
S.SUBHASH CHAND BHADRA S.M.
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 DIRECTOR OF PUBLIC INSTRUCTION), OFFICE OF THE DIRECTOR OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM, PIN – 695014.
3 THE DEPUTY DIRECTOR (EDUCATION), OFFICE OF THE DEPUTY DIRECTOR (EDUCATION), ERNAKULAM DISTRICT, PIN – 682011.
4 THE ASSISTANT EDUCATIONAL OFFICER OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN – 686691.
5 THE CORPORATE MANAGER SCHOOLS OF THE EVANGELISTIC ASSOCIATION OF THE EAST, EAE HEAD OFFICE,IRINGOLE PO, PERUMBAVOOR, KERALA, PIN – 683548.
BY ADV.SRI.V. VENUGOPAL, SR.GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
J U D G M E N T
Dated this the 13th day of March, 2025 The petitioner states that he was promoted and appointed as Office Attendant in AGCM Upper Primary School, Uppukandam with effect from 02.05.2024 as per Ext.P2 order in a regular retirement vacancy. However, the 4th respondent has rejected Ext.P2 appointment by promotion of the petitioner under Rule 43 of Chapter XIVA KER as per Ext.P4 order, on the ground that the School was an uneconomic School and therefore a protected hand / daily wage hand ought to have been appointed.
2. The petitioner states that the issue in question has been specifically covered by Exts.P5 and P6 rulings of this Court. It was held that Government Orders / Executive Orders could not cripple statutory provisions contained in Rule 51A and Rule 43 of Chapter XIVA KER. Again, by virtue of Ext.P12 ruling of this Court in the Secretary, Corporate Management of Schools under the Society of the Order of Sacred Transfiguration, Pathanapuram v. State of Kerala [2023 (2) KHC 46], this Court has held that the operation of a claim under Rule 43 of Chapter XIVA KER could not be proscribed or interdicted by provisions contained in a Government Order such as GO(P) No.10/10/G/.Edn dated 12.01.2010. Further, by virtue of Ext.P11 ruling, this Court held that a statutory claim under Rule 43 of Chapter XIVA KER could not be whittled down by way of the provisions contained in a Government Order. 3. The petitioner further submits that Ext.P4 order has directly infringed the law laid down by this Court in the above rulings and the petitioner being a Rule 43 claimant, was entitled to be appointed as Office Attendant in AGCM Upper Primary School, Uppukandam, in preference to a protected hand and therefore, Ext.P2 appointment of the petitioner is liable to be approved with effect from 02.05.2024 onwards and denial of the same by Ext.P4 order is per se unsustainable.
In the facts of the case, the writ petition is disposed of setting aside Ext.P4 and directing the 4th respondent-Assistant Educational Officer to reconsider the approval of appointment of the petitioner to the post of Office Attendant in the light of Exts.P5 to P12. Orders shall be passed within a period of one month.
Sd/-
N. NAGARESH JUDGE ams APPENDIX OF WP(C) 7572/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE APPOINTMENT ORDER DATED 1/3/2019 ISSUED BY RESPONDENT NO.
5 Exhibit P2 A TRUE COPY OF THE ORDER BEARING NO.
8/2024-25 DATED 2/5/2024 OF RESPONDENT NO. 5 Exhibit P3 A TRUE COPY OF THE STAFF STATEMENT AS ON 3/6/2024 OF AGCM UPPER PRIMARY SCHOOL, UPPUKANDAM Exhibit P4 A TRUE COPY OF THE ORDER BEARING NO.
C/754217/2024 DATED 6/2/2025 ISSUED BY RESPONDENT NO. 4 Exhibit P5 A TRUE COPY OF THE RULING OF THIS HON'BLE COURT THUS REPORTED AS CIJI P. JOSE V. STATE OF KERALA (2012 (1) KLT
867)
Exhibit P6 A TRUE COPY OF THE RULING OF THIS HON'BLE COURT IN STATE OF KERALA V.
CIJI P. JOSE (2015 (1) KHC 232)
Exhibit P7 A TRUE COPY OF THE RULING OF THIS HON'BLE COURT THUS REPORTED AS BIPIN PAVITHRAN V. AND ANOTHER V. STATE OF KERALA AND OTHERS (2021 (2) KHC 515)
Exhibit P8 A TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED 10.11.2021 IN WA NO.1358/2021 AND CONNECTED APPEALS Exhibit P9 A TRUE COPY OF THE JUDGMENT DATED
01.12.2021 IN W.P.(C).NO.16158/2021 OF THIS HON'BLE COURT Exhibit P10 A TRUE COPY OF THE JUDGMENT DATED
02.06.2022 IN W.P.(C).NO. 5716/2022 OF THIS HON'BLE COURT Exhibit P11 A TRUE COPY OF THE RULING IN MANAGER, P.K. HIGH SCHOOL AND OTHERS V. STATE OF KERALA AND OTHERS (2011 (4) KHC 179) OF THIS HON'BLE COURT Exhibit P12 A TRUE COPY OF THE RULING REPORTED AS THE SECRETARY, CORPORATE MANAGEMENT SCHOOLS UNDER THE SOCIETY OF THE ORDER OF THE SACRED TRANSFIGURATION, PATHANAPURAM VS. STATE OF KERALA [2023 (2) KHC 46]
