IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.

TH WEDNESDAY, THE 26 DAY OF JUNE 2024 / 5TH ASHADHA, 1946 WP(C) NO. 12790 OF 2024 PETITIONER:

MANJUSHA ANTHARJANAM AGED 31 YEARS W/O. VISHNU PRASAD, PADINJARE PALATHINKARA ILLAM, KUTTAMPEROOR PO, MANNAR - . (FULL TIME MENIAL, DEVASWOM BOARD HIGH SCHOOL, ERUMELY), PIN - 689623 BY ADV S.SUBHASH CHAND 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, THIRUVANANTHAPURAM ., PIN - 695001

3 THE DISTRICT EDUCATIONAL OFFICER OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, PONKUNNAM, KANJIRAPPALLY, PIN - 686506

4 THE CORPORATE MANAGER/SECRETARY TRAVANCORE DEVASWOM BOARD SCHOOLS, TRAVANCORE DEVASWOM BOARD, DEVASWOM BUILDINGS, NANTHANCODE, THIRUVANANTHAPURAM, PIN - 695033 BY ADV R1 TO R3 BY SMT. NISHA BOSS, GOVT.PLEADER R4 BY G. BIJU, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The petitioner, is presently working as Full Time Menial in the School managed by the 4^th respondent. The petitioner has approached this Court being aggrieved by the denial of approval of appointment of the petitioner .

2. The facts which led to the filing of this Writ Petition are as follows: The petitioner was initially appointed as Full Time Menial as per Ext.P1 appointment letter dated 25.10.2023 as against a vacancy which arose on 08.06.2018. However, the said appointment was not approved and later the vacancy was shifted as per Ext.P2, and she was appointed against a vacancy arose on 17.07.2019 in the said school. However, the appointment was not approved mainly on the reason that, the school in which the petitioner was appointed, is an uneconomical school. Therefore, the approval could be granted only on daily wage basis. It was in that circumstance, the petitioner approached this Court seeking the following reliefs;

“i) To issue a writ in the nature of mandamus or any other appropriate writ or order directing respondent Nos.1 to 3 to grant approval to the appointment of the petitioner as Full Time Menial by Exhibit-P1 order on scale of pay basis in the light of Exhibits-P5 to P8 rulings forthwith or within such time as this Hon’ble Court may ddem fit and proper in the interest of justice;

ii) To issue a writ in the nature of mandamus or any other appropriate writ or order directing respondent No. 3 to grant approval of appointment of the petitioner as Full Time Menial by Exhibit-P1 appointment order in the light of Exhibits-P5 to P8 rulings by considering and passing final orders on Exhibit-P9 representation forthwith or within such time as this Hon'ble Court may deem fit and proper in the interest of justice;

iii) To mould and grant such other reliefs, as this Hon'ble Court shall deem just and proper in the interest of justice, including costs.

iv) Dispense with the production of English translation of documents in vernacular language.”

3. During the pendency of this writ petition, an interim order was passed by this Court on 04.04.2024 and on the basis of the same, the petitioner‘s appointment was approved on daily wages. The case of the petitioner is that, in the light of the statutory stipulations contained in Rule 1 Chapter XXIV A of KER, in every school, there is a requirement of Full Time Menial. Since this is a statutory requirement contemplated under the Act, the respondents cannot deny approval of appointment of the same, on the reason that the school is uneconomical.

4. The learned Government Pleader opposed the contentions.

Apart from the fact that, the school is uneconomical, it was also contented that, the appointment was affected after 08.11.2021, and therefore the said post should have been filled up with the persons with physical disab