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2025 Supreme(Online)(Ker) 58692

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.M.MANOJ, J
M.Fousia Peon Aided U.P. School, Pombra, Palakkad District – Appellant
Versus
State of Kerala – Respondent


Advocates:
For the Appellants/Petitioners: Dr.George Abraham
For the Respondents: Shri.Kaleeswaram Raj, Smt.Mable.C.Kurian

P.M. MANOJ, J - - - - - - - - - - - - - - - - - -

WP(C) No. 32427 of 2018 - - - - - - - - - - - - - - - - - - - - - -

Dated this the 19th day of November, 2025

JUDGMENT

The writ petition is preferred for approval of the 1st petitioner's appointment as Office Attendant(OA)/Peon at the school managed by the 2nd petitioner, and to declare that the 6th respondent is not qualified for that position.

2. A vacancy for the post of OA/Peon arose on 30.11.2012 due to retirement. The 1st petitioner was appointed to the said vacancy on 12.06.2012. However, her appointment was not approved because the 2nd petitioner had not considered the claim of the 6th respondent, as a 51B claimant. Subsequently, the 1st petitioner and two other teachers filed a Writ Petition seeking expeditious disposal of the revision preferred by the 2nd petitioner herein. That proceeding resulted in Ext.P3 order, whereby the Government directed the 2nd petitioner to appoint the 6th respondent, a 51B claimant, in the next arising vacancy in the School, provided she was otherwise eligible.

3. In this context, it is contended by the petitioner that the 6th respondent is not eligible for appointment to the post of OA/Peon, because

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