Petitioner contested rejection of appointment as Lab Assistant. Court set aside impugned order allowing age relaxation application and directing fresh consideration within three months per incuriam lapses.
Impugned order set aside to consider appointment afresh along with request for age relaxation within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
FRIDAY ,THE 08TH DAY OF FEBRUARY 2019 / 19TH MAGHA, 1940
WP(C).No. 1257 of 2019
PETITIONER:
V.S.SHERMILA AGED 47 YEARS
WIFE OF ACHUTHAN KUTTY, LAB ASSISTANT, SANTHA HIGHER SECONDARY SCHOOL, AVANOOR, THRISSUR DISTRICT.
BY ADVS.
SRI.V.A.MUHAMMED SRI.V.RAJASEKHARAN NAIR
RESPONDENTS:
1 THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 THE DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM-695001.
B UNNIKRISHNA KAIMAL GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 1257 of 2019
2
JUDGMENT
Petitioner approached the Government claiming approval of appointment as a Lab Assistant. That was rejected as per Exhibit P10. The petitioner is 51 A claimant. The appointment was as a Lab Assistant in a Higher Secondary School. It was noted from the impugned order that the petitioner was appointed with effect from 01-07-2014 based on a wrong staff fixation order and post of Lab Assistant came available only from 29-02-2016. The petitioner would submit that she has got an approval as a Lab Attender from 06-09-1999 to 13-01-2000. The petitioner would submit that she may be given liberty to approach the Government for relaxation of age. In such circumstances, I am of the view that the petitioner shall move the Government for relaxation of age. Accordingly, the impugned order is set aside to consider the matter afresh along with the request for age relaxation. Appropriate decision shall be taken within a period of three months
WP(C).No. 1257 of 2019
3
after giving notice to the petitioner and the Manager.
This writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
SVP
WP(C).No. 1257 of 2019
4
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER NO.ACD.C4/6741/DHSE/2008 DATED 26.11.2008 OF THE 2ND RESPONDENT. EXHIBIT P2 TRUE COPY OF THE ORDER NO.ACD.C4/6741/DHSE/2008(A) DATED 29.12.2008 OF THE 2ND RESPONDENT. EXHIBIT P3 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 01.07.2014. EXHIBIT P4 TRUE COPY OF THE ORDER NO.A2/8233/14/RDD/HSE/EKM DATED 10.10.2014 OF THE 3RD RESPONDENT. EXHIBIT P5 TRUE COPY OF THE ORDER NO.ACD.A2/52071/HSE/2014 DATED 06.02.2015 OF THE 2ND RESPONDENT. EXHIBIT P6 TRUE COPY OF THE DECISION REPORTED IN 2009 (2) KLT 352 DECIDED ON 8TH APRIL 2009. EXHIBIT P7 TRUE COPY OF THE ORDER ACD.C4/2813/DHSE/02 OF THE 2ND RESPONDENT. EXHIBIT P8 TRUE COPY OF THE ORDER NO.B2/4670/RDD/HSE/EKM/2014 DATED 28.04.2014 OF THE 3RD RESPONDENT. EXHIBIT P9 TRUE COPY OF THE ORDER NO.B2/4670/RDD/HSE/EKM/2014 DATED 28.01.2015 OF THE 3RD RESPONDENT. EXHIBIT P10 TRUE COPY OF THE LETTER NO.2099969/T1/2018/G.EDN. DATED 14.05.2018 OF THE GOVERNMENT. EXHIBIT P11 TRUE COPY OF THE LETTER NO.ACD.A2/52071/2014/HSE DATED 30.06.2018 OF THE 2ND RESPONDENT. EXHIBIT P12 TRUE COPY OF THE LETTER NO.A3/640/RDD/HSE/EKM/2018 OF THE 3RD RESPONDENT DATED 11.12.2018. EXHIBIT P13 TRUE COPY OF THE ORDER IN W.P.(C) NO.15761/2015-U DATED 06.04.2016.
WP(C).No. 1257 of 2019
5
EXHIBIT P14 TRUE COPY OF THE CIRCULAR NO.2028119/T1/2017/G.EDN. DATED 30.01.2018 OF THE GOVERNMENT.
RESPONDENT'S EXHIBITS : NIL
//TRUE COPY//
Sd/-
PA TOJUDGE
1 issue framed by the court
Whether the petitioner's age is beyond the limit for appointment as a Lab Assistant given prior temporary claim of Lab Attender?
V.S.SHERMILA
THE STATE OF KERALA
A. MUHAMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
